스토킹 행위자 위치추적 전자장치 부착제도의 도입 쟁점과 과제

초록

The study examined the introduction of a location-tracking electronic device attachment system to protect victims and strengthen sanctions on perpetrators, which are pointed out as deficiencies in the Stalking Punishment Act, which took effect in October 2021. The problems of the current system were identified and the current status of the recently revised legislation was examined. In particular, the direction of the introduction of the system and additional considerations were derived through the discussion process at the National Assembly Judiciary Committee during the review of overseas legislation and domestic legislation. First, in order to minimize the possibility of infringement of basic rights of the location tracking electronic device attachment system, it should be included in temporary measures that require judgment by judges. Second, the subject of the system operation is three won, and the attachment order is carried out by the court, the device management and attachment are carried out by the police, and the Ministry of Justice is responsible for monitoring the location of the attachment. However, in order to establish a cooperative system between institutions, human exchanges between the police and probation officers are proposed. Third, the attachment period is up to two months, but it can be extended up to two times, but in the same way as penalties imposed on other provisional measures in the event of a violation of provisional measures, imprisonment for up to two years or a fine of up to 20 million won is considered reasonable. Finally, a reflux system for improving and supplementing the system is proposed through discussion of the introduction of a two-way electronic supervision system and evaluation of the effectiveness of the introduction of the system.

키워드