2011년 형법개정법률안의 보호수용처분의 문제점

초록

'The Revision Draft of the General Part of Korean Criminal Law, 2011'(the 2011 Draft) provides Unterbringung in der Sicherungsverwahrung which should be imposed to the dangerous crimimals who commit serious crimes such as murder, rape, robbery and arson and have the probability of recidivism. According 'the 2011 Draft' the dangerous crimials are imposed of Unterbringung in der Sicherungsverwahrung after serving out their punishment of imprisonment. This paper reviews the Unterbringung in der Sicherungsverwahrung of the 2011 Draft critically. The contents of this paper is as follow;I. Introduction II. The Distiction between Punishment and Maßregeln der Sicherung und Besserung III. The Contents of the Unterbringung in der Sicherungsverwahrung IV. The Comparison of the New System with the Old System. V. The Problems of Unterbringung in der Sicherungsverwahrung in the 2011 Draft VI. Conclusion The most serious problem of the Unterbringung in der Sicherungsverwahrung in the 2011 Draft is that the purpose and the contents of the system are not clear and has the probabililty of the abuse. Korea has a bad experience of the similar system which has finally been abolished in 2005. In this sense, the 2011 Draft had better not introduce Unterbringung in der Sicherungsverwahrung into the general part of the Korean Criminal Law.

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