위치추적 전자장치 부착명령의 법적 성격과 형벌불소급의 원칙

• 영문명: A Study on the Legal Character of Attachment Order of Electronic Device for Position Tracking and the Principle of Non-Retroactivity of Punishment
• 발행기관: 한국형사정책학회
• 저자명: 이창섭(Lee, Chang-Sup)
• 간행물 정보: 『형사정책』刑事政策 第23卷 第2號, 187~211쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.12.31

영문 초록

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.

목차

Ⅰ. 문제의 제기

Ⅱ. 위치추적 전자장치 부착명령의 법적 성격

Ⅲ. 형벌불소급의 원칙의 적용여부

Ⅳ. 전자장치 부착명령의 진정소급효

Ⅴ. 맺음말

참고문헌

〈Abstract〉

키워드

위치추적 전자장치 부착명령 보안처분 형벌불소급의 원칙 과잉금지의 원칙 신뢰 보호의 원칙 attachment order of electronic device for position tracking security-measure principle of non-retroactivity of punishment principle of the proportion principle of protecting confidence