전과기록의 이용ㆍ관리와 형실효법의 문제점

• 영문명: The Use and Management of Previous Criminal Records and Problems of the Act on the Lapse of Criminal Sentences
• 발행기관: 한국형사정책학회
• 저자명: 황태정(Hwang Tae-Jeong)
• 간행물 정보: 『형사정책』刑事政策 第18卷 第2號, 559~594쪽, 전체 36쪽
• 주제분류: 사회과학 > 정책학
• 파일형태: PDF
• 발행일자: 2006.12.01

영문 초록

  The Act on the Lapse of Criminal Sentences had no regulation on how to terminate a case when materials of investigation cards were not made out. Even before registering materials of investigation cards in E-CRIS (Electronic Criminal Record Identification System), contents of the materials of investigation cards included important personal information and investigation of a suspect to regulate legal basis management at the stage of preparation, deletion and repeal, etc.
  The law in force had a basis of the existence of the materials of investigation cards made by special judicial police official by the Act on the Lapse of Criminal Sentences and its Enforcement Decree, and it had no legal basis of concrete contents. Therefore, the laws and regulations on preparation of the materials of investigation cards of special judicial police official should be newly enacted or applications of preparation of existing materials of investigation cards were demanded to specify special judicial police management.
  Previous criminal records were illegally inquired mainly because the Act on the Lapse of Criminal Sentences and other laws and regulations regulated references and reply of previous criminal records here and there. Therefore, laws and regulations on references and reply of previous criminal records were required to regulate types, scope and limitation of previous criminal records by single law, that is to say, the Act on the Lapse of Criminal Sentences. Considering basic spirit of the Act on the Lapse of Criminal Sentences, the law had better include positive list that regulated references and reply of previous criminal records within laws and regulations.
  As explained before, regulations of references and reply of previous criminal records were required to specify them by the Act on the Lapse of Criminal Sentences: When enactment was made, the Enforcement Decree of the law was required to specify inquiry and scope of reply, etc clearly.
  Legislation of inquiry as well as division of the scope of inquiry could prevent illegal references and reply indirectly, while reinforced punishment of the one who did illegal references and reply of previous criminal records could do directly. To protect personal information and privacy effectively, legal punishment and sentence were demanded to reinforce against illegal references and reply.
  The punishment with a fine that mostly consisted of minor crimes was required to exclude previous criminal records below than a certain money value from the materials of criminal records and to include them in the materials of criminal records that could not be included in previous criminal records. In the case, the judicial police officer was permitted not to make out materials of investigation cards to meet legislative purposes of the Act on the Lapse of Criminal Sentences for the ones who were given summary judgment.
  When legal period elapsed, the Act on the Lapse of Criminal Sentences could delete materials of investigation records. And, the law limited scope of the deletion so much not to meet legislative purposes. When criminal investigation records could be deleted immediately, scope of legal punishment should be reduced to expand scope of the deletion and to remove criminal investigation records of minor crimes as soon as possible and to alleviate psychological burden of a suspect and meet legislative purposes of the law.

목차

Ⅰ. 들어가며
Ⅱ. 전과기록의 의의와 범위
Ⅲ. 전과기록의 작성과 관련문제
Ⅳ. 전과기록의 관리와 조회ㆍ회보 및 관련문제
Ⅴ. 전과기록의 말소와 관련문제
Ⅵ. 마치며
ABSTRACT

키워드

전과기록 형실효법 전자수사자료표시스템 수형인명부 수형인명표 수사자료표 범죄경력자료 수사경력자료 조회ㆍ회보 Previous Criminal Records Act on the Lapse of Criminal Sentences E-CRIS Materials of Investigation Cards Materials of Criminal Records Materials of Investigation Records References and Reply