노인범죄 특성 및 노인범죄자의 처우에 관한 법률의 도입을 위한 시론

Our country entered the aging society due to the recent development in society & economy, in medical technology and in science. Accordingly, a criminal type is being shown by physical, psychological, financial and social problems as elderly characteristics, resulting in being grown an elderly crime. Especially, the nation is arranging several countermeasures in order to prevent elderly crime. But the elderly crime is in the real situation of being continuously increased. One of the reasons for a rise in elderly crime despite the national effort can be considered to be the weakness in recognition of elderly crime and to be the deficiency in a law on elderly crime. In our society, the elderly are still being treated as the object to protect who is a second-class citizen. On the other hand, an elderly offender is punished by the same criminal procedure as a general adult criminal without being considered its characteristic, and is being made the execution of a sentence. Thus, to avoid the growing elderly crime, the legal procedure and the execution procedure will be needed in line with a characteristic of elderly crime. Hence, it is demanded the legal procedure for punishing an elderly offender and the enactment of an independent law pertinent to its treatment. Accordingly, this study examined about the characteristic and the reality of elderly crime, figured out the necessity of independent law on the judicial action of elderly offenders and its treatment, and then suggested the specific theory of legislation for adopting (tentative name) ‘Special Law on the Processing Procedure and Its Treatment of Elderly Offenders.’ Moreover, as an institutional device necessary for introducing the special law on elderly crime, the opinions were proposed about the formation of professional manpower pool relevant to the prevention of elderly crime, the installation of the institution exclusively for the elderly, the foundation of a law court for the elderly division, the introduction of an education center system for preventing elderly crime, and the activation of a remote video judicial system.