전자감시제도의 입법과 적용방안 = Legislation and the Application Method of Electronic Monitoring System

다국어 초록 (Multilingual Abstract)

Electronic Monitoring is a new concept that machine surveils a human being, and is resulted from the development of a mobile communication technology. In recent years, the Electronic Monitoring has been highlighted as a criminal sanction due to overcrowded correction houses and increase of economic expenses to maintain correction facilities.

The electronic monitoring system has been discussed to overcome the problems mentioned above and the National Assembly has eventually legislated the "Act of GPS Monitoring against Specific Sexual Offenders" in April, 2007. The paper discusses foreign legislations, and some legal issues on the violation of human rights, realization of correction ideology and appropriation of the Act and so on.

One of the most significant legal issues regarding the electronic monitoring system is as to whether or not the system violates human rights, particularly rights to privacy. The electronic monitoring seems to interfere with rights to privacy under the constitution by allowing access to details of the private lives of those on probation or parole. However, our society has a compelling interest in protecting innocent citizens, and people convicted of crimes have a diminished expectation of privacy. Furthermore, probationers have received the benefit of not being incarcerated in exchange for some their constitutional rights, including the right to privacy. On the balance, the Act likely falls within constitutional boundaries.

In sum, the Act will play a pivotal role to enhance the efficiency of correction administration and to realize the correction ideology.