논문 상세보기
성폭법상 신상정보 공개·고지명령 소급 적용의 범위 KCI 등재
Is the voluntary prostitution unconstitutional
Through the judgement 2013Do13095 Decided March 27, 2014, the supreme court held the act on special cases concerning the punishment of sexual crimes stipulates the enforcement date of the order system of disclosure and notification of personal information. The sexual assault Special Law was provided through Supplementary provision of revision. You have applied the exception of retrospective application for the notification order system and disclosure of personal information instruction In relation to this, children youth protection law, has placed the provisions of the Supplementary Provisions to limit the crime that was committed after the enforcement of the law. In contrast, sexual assault method is not provided any limitation. Was ruling that it is possible to apply retroactively as this reason. Anyone who commits a crime prior to enact sexual assault law in this way, it has given a notice command imposition and disclosure of personal information instruction. we have affirmed the notification request command and disclosure of personal information instruction. The legal character of the system of disclosure and notification of sexual offender`s personal information is not defined precisely yet The guilty part should not destroy. Act on the Protection of Children and Youth Sex in a public notice of the command should be called subjects. Timely and important issues in the first viable target children and youth taking action to avoid sexual offenses should be take precautions. The current system of personal information disclosure, notice the careful analysis of children and youth have a sex offender and implement a plan to expand its type will be needed The current system of personal information disclosure, notice the careful analysis of children and youth have a sex offender and implement a plan to expand its type will be needed.
[사실관계]
[판결요지]
[연 구]
Ⅰ. 문제제기
Ⅱ. 신상정보 공개 ․ 고지명령 제도의 검토
1. 주요 내용
2. 신상정보 공개 ․ 고지명령 제도의 법적 성격
3. 관련 판례
Ⅲ. 대상판결에 대한 검토
1. 연혁 및 입법방식의 문제
2. 공소시효의 기산점
3. 소급효금지의 원칙 위배 여부
4. 평등권 침해의 여부
5. 소 결
Ⅳ. 결 론
[참고문헌]
[Abstract]
