Debate heats up over enforcing residence restrictions for high-risk sex offenders
Justice Minister Han Dong-hoon announces the details about a new law mandating high-risk sex offenders reside in state-designated facilities during a press briefing at the Government Complex in Gwacheon, Gyeonggi Province, Tuesday. Yonhap
Debate is heating up over the justice ministry's legislative proposal aimed at compelling high-risk sex offenders to reside in designated facilities even after their release.
Some say that this new law, if enacted, could effectively reduce the rate of recidivism, while others claim it contains the problem of being punished twice as the offenders have already served time in prison.
The ministry is scheduled to make a pre-announcement of legislation to introduce the law on Thursday. The ministry will then submit its final proposal to the National Assembly after listening to various opinions. The proposal will become law if it is approved in a plenary session of the Assembly, and will apply retroactively to felons who have already been released from prison.
This envisioned legislation is referred to as the Korean version of Jessica's Law in the United States, which prohibits child sex offenders from residing within 1,000 to 2,000 feet of schools.
Unlike Jessica’s Law, the Korean ministry's proposal focuses only on designating specific facilities for the residence of high-risk sex offenders. This approach was chosen due to the challenges of enforcing distance-based housing restrictions in densely populated metropolitan areas with limited land availability in Korea.
The ministry's proposal applies to offenders who have committed crimes against children under the age of 13, or those who have been sentenced to more than 10 years in prison after having been convicted of sex crimes more than three times. As of the end of last year, there were 325 individuals subject to this new law.
Citizens residing near Cho Doo-soon's home in Ansan, Gyeonggi Province, hold a banner saying " Cho Doo-soon leave Ansan!" in front of Ansan City Hall, Nov. 24, 2022. Yonhap
Following the justice ministry’s announcement, there is an ongoing debate regarding the feasibility and constitutionality of this law.
Some experts say that the new law could be effective in reducing recidivism.
“The effectiveness can be better understood by examining the behavior of individuals wearing electronic ankle monitors,” said Lee Soo-jung, a professor of forensic psychology at Kyonggi University.
In many cases, sex offenders, released wearing electronic anklets, attempt to approach teenagers online and lure them to visit in order not to trigger an alarm. This underscores the limitations of electronic monitoring in preventing repeat offenses.
“As violent criminals like Cho Doo-soon are being released these days, the government cannot simply leave these offenders unattended,” said Oh Yoon-sung, a police administration professor at Soonchunhyang University.
Cho Doo-soon, a high-risk sex offender with 18 previous convictions, was released in December 2020 after serving a sentence of 12 years for raping and assaulting an 8-year-old girl in 2008.
However, challenges remain, as objectors claim that forcing the sex offenders to live in designated facilities even after serving a sentence punishes the offenders twice and infringes on basic rights.
“It is clearly unconstitutional from a legal perspective. A more comprehensive review of existing systems and potential improvements is necessary before implementing such a stringent law,” lawyer Lee Eun-ui said.