해외사례를 통해 본 가택구금제도 국내 활용방안: 단계적 제재모델을 중심으로

초록

This study comparatively analyzes the legal characteristics, operational structures, and supervision modalities of home confinement EM in major foreign jurisdictions, and explores the feasibility of introducing a Korean-style home confinement EM model. In South Korea, the electronic monitoring(EM) system has been primarily implemented as a post-release surveillance tool focused on tracking the location of high-risk offenders. Numerous countries such as the United States, the United Kingdom, and Australia have institutionalized EM as a form of home confinement punishment, strategically applying it across different stages of the criminal justice process—including pretrial detention as a front-door alternative, intermediate sanctions for probation/parole violations, and back-door policies for reintegration support. The findings suggest that home confinement EM can function not merely as a technical tracking device but as a community-based custodial sanction that imposes actual deprivation of liberty while enabling the maintenance of family ties, employment, education, and treatment participation. Accordingly, South Korea’s current EM needs to be redesigned from a technology-based monitoring mechanism to a custodial sanction within the community that combines both punitive and rehabilitative functions. Further policy implications will be discussed.

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