18.97.14.81
18.97.14.81
close menu
Accredited
위치추적 전자장치 부착명령의 법적 성격과 형벌불소급의 원칙
A Study on the Legal Character of Attachment Order of Electronic Device for Position Tracking and the Principle of Non-Retroactivity of Punishment
이창섭 ( Chang Sup Lee )
형사정책 vol. 23 iss. 2 187-211(25pages)
UCI I410-ECN-0102-2012-360-002870115

The Act of Attachment of Electronic Device, or the Act on Attachment of Electronic Device for Position Tracking on Specific Criminals shall apply retroactively to those criminals who were found guilty or punished. Attachment order of electronic device, or attachment order of electronic device for position tracking is a kind of security-measure. So the principle of non-retroactivity of punishment doesn`t apply to attachment order of electronic device. But attachment order of electronic device must not be given retroactively to those criminals who were found guilty or punished. Because the time limit of retroactivity of attachment order of electronic device must be set as the principle of the proportion in article 37 section 2 of the Constitution, and article 13 section 2 of the Constitution is thought to be provided on the premise that the retroactive infringe on personal freedom is prohibited. Those criminals` confidences in the effect of the final rulings and the end of law enforcement are to be protected in law-governed countries as the principle of protecting confidence. In conclusion, the retroactive application of the Act of Attachment of Electronic Device to those criminals who were found guilty or punished violates the Constitution.

[자료제공 : 네이버학술정보]
×