The characteristic of criminal sanctions in South Korea since the mid-2000s can be summarized as punitiveness. This trend is due to the rapid increase in sexual crimes and the continuous emergence of new types of sexual crimes. In order to solve this problem, our society has increased the possibility of punishment for sexual crimes, increased the severity of punishment, strengthened security-measures, and introduced new security-measures.

  However, few empirical studies have been conducted on whether this trend works. Therefore, this study uated the effectiveness of security measures for sex offenders for three years, and this year, the ‘employment restriction’and the ‘chemical castration’ were studied last. And we summarized these studies.

  First, the results of uating the effectiveness of individual security-measures are as follows.

∙ (Sex offender registration and notification system) Through the analysis of various official statistical data, we tried to find out the effectiveness of the crime deterrence effect of the personal information sex offender registration and notification system, but the data showed conflicting results on the recidivism deterrence effect. However, according to the results of analysis based on the personal information registration data, it was found that the recidivism deterrence effect was high.

∙ (Electronic monitoring system) Electronic monitoring system was found to reduce the subject's risk of recidivism in the same category by about 8%, but it did not have a significant effect on the timing of recidivism.

∙ (Employment restrictions) Currently, the employment restriction system for sex offenders has many people  performing related tasks. More than 3 million people who operate and engage in 540,000 child and youth-related institutions and facilities across the country are carrying out overlapping tasks to manage the employment of about 7,000 sex offenders annually. As a result of the investigation, it was found that about 7 million sexual offense background inquiries were performed. Compared to the inefficiency of these tasks, it is not possible to determine whether the actual suppression of recidivism of sex offenders is being carried out according to the purpose

of the system because it does not manage those subject to employment restrictions. Therefore, a full operational review is required.

∙ (Chemical castration) Although chemical castration did not have a statistically significant effect on the overall recidivism of the subjects subject to treatment order, as a result of analysis with only sex crimes as the dependent variable, only 1 out of 64 people (1.6%) who received drug treatment committed sex crimes. . In the case of the group that did not receive drug treatment, 19 out of 176 (10.8%) committed sexual offenses, indicating that drug treatment was effective. And in the final analysis model, drug treatment was found to reduce the risk of recidivism of sexual offenses by about 92%. 

  It seems to have been effective to some extent, but there were many problems such as the absence of an integrated management department and the dispersion of various related laws. In particular, these problems have brought many problems, such as redundant imposition without standards and imposition of security measures at an inappropriate time. Accordingly, this study proposes the following policies.

  First of all, the improvement plan for system operation is as follows.

∙ (Establishment of an integrated agency for managing sex offenders in society) In terms of systematic management of sex offenders in society and securing effective treatment, it is necessary to establish an integrated institution for the management of sex offenders in society in which the Ministry of Justice plays a key role in managing sex offenders in society. The Ministry of Justice has already accumulated expertise in the management and treatment of high-risk sex offenders by operating electronic monitoring and chemical castration systems as well as social rehabilitation of existing low-risk offenders. In addition, since the nationwide system operation and management infrastructure is in place and sex offender personal information registration data have been managed, it can be said that preparations for the operation of integrated data necessary for the management and treatment of sex offenders in society are fully prepared.

∙ (Connection and integrated real-time management of sex offender data in society) When sex offenders in society are managed by the integrated management system, personal information registration data obtained in this process can be linked with other security-measures and integrated and real-time managed, so they can be actively used for management and supervision of the target. Conventionally, personal information registration data has been individually managed by each institution for each individual security measure, but if the data of the integrated management system is used, comprehensive management of the target person will be possible. It is thought that this can reduce confusion for sex offenders who have come out to society after release and give the impression that they are being systematically managed, which can have a positive effect on recidivism prevention.

∙ (Reconsideration of requirements for imposition of security measures on sex offenders and utilization of recidivism risk assessment) Security measures against all sex offenders must be imposed through a recidivism risk assessment. However, the use of recidivism risk assessment tools has not been performed for all sex offenders. There were even cases where the risk of recidivism was arbitrarily judged and security measures were imposed. It is necessary to diligently provide education on the principles and methods of using tools for recidivism risk to related institutions and related persons who use tools for recidivism risk. Along with the risk of recidivism, it is judged that discussions on how to guide the basic factors used in security disposal of sex offenders should continue, and it will be necessary to derive a reasonable standard based on various research results.

∙ (Distributed related law maintenance) The introduction of security-measures in Korea was legislated according to the need at the time. Therefore, as long as it is legislated as a law, the legitimacy of the legislation has been recognized and has been established or expanded almost unlimitedly. The problem is that the current sex offender security disposition laws are not systematic and dispersed due to the popular legislative policy. As a result, it causes operational confusion in practice, acting as an obstacle to systematic management of sex offenders in society. Therefore, it is necessary to prepare a basis law that can efficiently integrate sex offender management by integrating sex offender management laws. 

  Next, the legal system improvement plan is as follows.

∙ (Necessity of legislation and strict application according to the principle of proportionality) The principle of proportionality is used in the process of legislative and unconstitutional adjudication in relation to the security-measures of sex offenders discussed above. However, this principle of proportionality should be applied more precisely as follows. In this regard, the following criteria can be suggested. First, the size of the public interest judged in the balance of legal interests should be judged more specifically. Second, the minimum infringement principle should be strictly applied in relation to the determination of recidivism risk. Third, the principle of minimum infringement must be strictly applied in relation to the selection of the scope, especially in the case of employment restrictions.

∙ (Avoid overlapping security-measures) There is a need for a detailed review of the problem of overlapping security-measures currently being taken in most sex crime cases. Things to note in this regard are: First, the overlapping problem is not a problem in itself. Second, the redundant imposition of a lot is a violation of the principle of proportionality. Third, in order to prevent indiscriminate overlapping, an explicit regulation is needed to limit this. In Germany, Article 72 of the Criminal Law has created a stipulated provision called ‘duplication of security measures’ to solve the problem of overlapping security measures. We also need to refer to these regulations and create our

own corresponding laws. 

∙ (Improve the timing of the judgment of security-measures) It is necessary to actively utilize various legislative models regarding the timing of the sentence of security-measures. In this regard, first, it is necessary to introduce an interim review system for all security-measures. Second, it should be noted that not introducing an interim review system violates the principle of proportionality. Third, the fact that it is necessary to consider the reserved examination system should also be carefully reviewed.