해외사례를 통해 본 가택구금제도 국내 활용방안: 단계적 제재모델을 중심으로

International Models of Home Confinement and Their Implications for Adoption in South Korea

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.

키워드

가택구금형 전자감독단계적 제재 모델사회 내 구금형 처우지역사회 교정보호관찰home confinement electronic monitoringgraduated sanctionscommunity based custodial treatmentcommunity correctionprobation
제목
해외사례를 통해 본 가택구금제도 국내 활용방안: 단계적 제재모델을 중심으로
제목 (타언어)
International Models of Home Confinement and Their Implications for Adoption in South Korea
저자
김남규조윤오
DOI
10.25023/kapsa.22.5.202512.35
발행일
2025-12
유형
Y
저널명
한국치안행정논집
22
5
페이지
35 ~ 52