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청소년 성매수자에 대한 신상공개의 문제점 KCI 등재

Problems and Countermeasures on publicity of juvenile-sex-criminals' personal affairs

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矯正硏究 (교정연구)
한국교정학회 (Korean Society For Correction Service)
초록

In order to protect sexual rights of juveniles, publicity of juvenile-sex-criminals' personal affairs has been put into operation since 2001. A purpose of this sanctions is protecting juveniles' body and sexual rights to disgrace sex-criminals. But thinking provides and spirits of the constitution, publicity of juvenile-sex-criminals' personal affairs has much problems First, this sanction is contrary to dignity of humans. Nations' law must not exclude a member of society physically and psychologically, though he conducted crimes. In this point, this sanctions run a criminal out from society. Second, the principle of proportion disclaim publicity of juvenile-sex-criminals' personal affairs. The criminal of juvenile sex crime had imposed criminal sanction. In addition he must be ashamed through publicity of personal affairs. Third, we can't count on effects of preventing juvenila-sex-crimes through this sanction. Because certainty of crimes is very low, people are not frightened at these kinds of sanctions In conclusion, these cruel sanction must be ruled out, police and prosecutors level certainty of crime up.

목차
청소년 성매수자에 대한 신상공개의 문제점
  Ⅰ. 서설
  Ⅱ. 청소년성보호법상 신상공개제도의 내용과 운용
  Ⅲ. 미국의 성범죄자 신상공개제도(매건법)
  Ⅳ. 청소년 성매수자 신상공개 규정의 위헌여부
  Ⅴ. 결론
  ABSTRACT
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