This article is an attempt for the prevention detention, which has constantly issued and discussed the subject of debate, can be properly positioned in the measure of security in the dual criminal law sanctions system.
To do this, it looked at basis of dogmatic first. Measures of security that deprive of liberty and distinctiveness of other prevention detention and therefore, analyze the problem of prevention detention and objection. Also It suggested a scheme that may be considered to be able to alleviate these points.
Prevention detention, in South Korea, is steadily raised the need for the introduction of the system despite was abolished in 2005, in the 2011 Draft Penal Code, is defined by the name of "Prevention detention", in 2014, "Prevention Detention Act" was advance legislation notice. At present, Prevention detention system are being discussed
reintroducing. In view of this situation, the search for improvement and serious consideration of the theoretical part of the Prevention detention is the work required that must be performed prior to the introduction of the system.
Due to the distinctiveness of prevention detention positioned between the punishment and the measure of security, raises the fundamental problem of the system: while the person who has a criminal responsibility is hold responsible for liability, should that person be taken into prevention detention for the sake of social protection during an unspecified period of time? Then, in this context, justification of prevention detention has been raised a problem steadily.
It should not be focused on suppression to eliminate them for the inmate, if you adhere to prevention detention for the public protection from serious crime. In order to be prevention detention was established to complement the special preventive function of punishment is to escape from the problems created due to its particularity, not be
considered prevention detention as a punishment, but rather to reduce the punishment elements of prevention detention you should be concerned about the method.