So far, the discussion of electronic supervision has focused on the legal nature and validity of the 'electronic supervision' itself.
Electronic supervision is aimed at preventing repeat crimes through electronic supervision. Therefore, it is necessary to study the operation status and effectiveness of compliance with electronic supervision regulations, such as the nighttime curfew order, to prevent re-offending, so that electronic supervision can be effectively implemented.
The legal nature of the compliance imposed on electronic supervision should be defined in the practical application of the compliance of the person to whom the probation. There is a conflict between the aspects of social treatment and the need to impose sanctions on crime prevention over compliance. Therefore, it will be necessary to clarify the legal nature of the special observances so that the effective practical application of this system can be made.

The Legal Nature of Compliance

Electronic supervision is aimed at preventing re-offenders of electronic devices and returning to a society, so the content and execution of compliance also play an important role in achieving that objective.
The legal nature of compliance can be said to be treated with a special purpose for fulfilling the purpose of re-socializing the probationary. It basically has the nature of being a security measure.
Article 14 paragraph 2 of the Electronic Equipment Adhesion Act states that the court provides that the decision to add, alter or delete the compliance of Article 9 paragraph 1 shall be made by a claim from the examination upon application of the Chief of the probation office in the case of a change of assessment. Therefore, it can be determined that compliance is basically different from court trials that additional modifications are permitted by changes in circumstances, and that the effect of the execution is not absolute, but something that can be understood as changeable. For this reason, it can be understood that the probation officer has discretion in determining the implementation of the special compliance item.

The Effectiveness of Compliance

Some of the significant major variables affecting the imposition of compliance were age and education, intimacy with cohabitation, economic level and marital status. Marriage, in particular, has been shown to have the effect of recidivism in the model that controls all relevant variables.
The types of criminals who were more likely to be repeat offenders were those who had a large number of requests for investigation, sex offenders who disclosed their personal information, and subjects to temporary release.

The Awareness of electronic supervision and compliance

The probation officers were operating a temporary supervisory suspension on compliance under the "Guidelines for Enforcement of the Electronic Equipment Adhesion Act." There's the probation officer's final judgment, in effect, the agency was operating primarily on the discretion and judgment of the person in charge.
The probation agency felt that a temporary suspension of supervision of compliance was necessary to ensure the relationship with the target person, the livelihood of the target person, and effective return to society, also demanded legal grounds for this.
The probation agency generally believed that compliance was appropriate, but some said that they found it difficult to operate and were doubtful about its practical effects, such as "no access to specific people, such as victims," and "no access to specific places."
Electronic supervision objects were under a lot of pressure for compliance other than electronic supervision. But some people admitted that they needed some compliance to reinvent the crime.
Electronic supervision objects generally suggested that the period of electronic supervision and the period of imposition of compliance were too long, some probation agency acknowledged that there was a long period of supervision. It was suggested that the 'temporary release' should be applied actively and be operated flexibly if compliance is not violated for a certain period of time.

Policy Proposal

First, it is necessary to impose compliance in accordance with the characteristics of the electronic supervision objects. To this end, the criteria for determining relapse risk shall be specialized, reflecting the nature of the crime and the criminal in the billing phase of the attachment order. In the sentencing of electronic device attachments, special compliance items that are most effective in preventing re-offenders and socializing of the subjects should be imposed on the basis of individual characteristics of crimes and criminals. It should also seek institutional measures to reflect the results of the pre-candidate investigation by the prosecution or to conduct a separate investigation before the ruling. It is necessary to consider ways to create criteria for imposition of compliance, such as sentencing standards, to induce imposition that conform to the characteristics of the crime and the target.
Second, a legal basis should be provided for the temporary suspension of compliance. For prevention of re-crime and for social adaptation, allowing a temporary suspension of compliance can be considered to be consistent with the purpose of the Electronic Equipment Attachment Act and the Protection Observe Act. In this context, a temporary suspension of supervision of compliance is in place when there are practical reasons, such as the employment of a living person. However, it operates in accordance with the internal guidance 'Guidelines for Implementation of the Electronic Equipment Adhesion Act' without direct legal provisions, and there are concerns about this implementation in practice. Temporary suspension of compliance is justified and it will be necessary to establish a legal basis.
Third, it is necessary to consider operating a judicial system dedicated to probation. Due to the trend of expanding treatment in society, it is possible to expect an increase in the number of people subject to probation and electronic supervision in the future. Therefore, it should be considered to operate a probationary judge who can professionally judge on the imposition and operation of probation orders and compliance.
Fourth, the contents of compliance shall be reasonably readjusted. Regulations such as "No Access to Victims" and "No Access to Specific Places" are difficult to operate and their effectiveness is questionable, so consideration is needed to effectively operate such compliance. In addition to compliance to curb repeat offenders, it is also necessary to actively operate compliance to return to society such as 'breeding workers' and 'hospital care'. And it will need to be operated so that adequate support can be accompanied by "employment consultancy" and "care support."