전자감독제도의 예방적 경찰활동으로서의 함의 - 범죄징후 예측시스템의 허용성을 중심으로 -

The GPS-based electronic monitoring was introduced and operated in Korea in 2008 to curb repeat offenses of sexual crime offenders or violent criminals belonging to high-risk groups. In the early days of the system's introduction, the monitoring was a follow-up system that could only determine whether the electronic tagging was worn, prohibited from entering or leaving the country, or violated the victims' access conditions. However, from February 2019, the Ministry of Justice developed the electronic monitoring into a pre-preventive system, or so-called ‘Criminal sign predictive system' that analyzes and prevents risks to crimes in advance by utilizing big data, breaking away from the existing simple reactive system. Furthermore, the Ministry of Justice proposes a long-term development vision to operate the crime sign prediction system in a more advanced state through the introduction of so-called "external information-sensitive electronic tagging" in the future. The need for this introduction of the Criminal Sign Prediction System, part of a plan to conduct probation using a highly developed electronic supervisory system for high-risk offenders with high recidivism, can easily be recognized as a suitable means to prevent potential risks to the safety of the general public. However, this researcher thinks that practical applicability or acceptability is a separate matter from the need for introduction, requiring a review from a public law perspective. In other words, it is necessary to consider the question of where to find the legal basis for the introduction of a system for predicting crime signs, and - even assuming the existence of a legal basis - whether specific means comply with requests for proportional principles. Based on recognizing these problems, this researcher would like to address the study's subject, a problem from a public law point of view with the criminal sign predictive system.