범죄예방을 위한 전자감시제도의 실태와 문제점에 관한 고찰

Abstract

Electronic monitoring systems are being used as an alternative to incarceration for the prevention of crime and reduction of correctional costs in many countries. Additionally, electronic monitoring is understood to contribute to the rehabilitation of criminals. The electronic monitoring system is significant as a new criminal sanction suitable for the characteristics of crimes. However, there is controversy related to the double jeopardy and the ex post facto law. Issues also arise regarding the infringement of the monitored individual's rights to freedom and privacy, and whether it is a cost-effective criminal sanction in terms of crime prevention effectiveness and reduction in recidivism rates.
 In this context, many countries are expanding the scope of electronic monitoring as one of the criminal sanctions. The Korean ‘Law on Attachment of Electronic Devices’ is also continuously expanding the range of crimes subject to electronic monitoring. However, there are problems in the legal aspects of the electronic monitoring system and in terms of criminal policy. Given the lack of empirical research on recidivism reduction, crime prevention effectiveness, and cost-benefit analysis, it seems prudent to be cautious in expanding the application of the electronic monitoring system.
 The expansion of the electronic monitoring system could lead to a broader social surveillance network. The system, rather than being an alternative to incarceration, could function as a new form of ‘digital incarceration’. Therefore, the electronic monitoring system requires limited operation. Additionally, the focus should not only be on the machines and equipment but also on expanding and training the operational staff. The primary goals of electronic monitoring, such as crime prevention and reduction in recidivism, cannot be achieved solely through mechanical electronic surveillance. A combination of various supplementary rehabilitation programs and trained human resources is necessary for the operation of these systems.