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KMID : 0986720120200010007
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Korean Journal of Medicine and Law
2012 Volume.20 No. 1 p.7 ~ p.32
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Limitations and characteristics of the Physical Castration Bill
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Chung Jae-Joon
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Abstract
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This paper is about physical castration as a way of treatment and prevention for recidivism of sex offenders. The rate of recidivism of sexual offenses has not been reduced since the enaction of the law of chemical castration to sexual offenders on July 2010. The law of chemical castration indicated problems about the limit and the effect of chemical castration. Therefore, twelve members of National Assembly in South Korea launched a motion of physical castration on January 2011. However, physical castration has raised many problems of legal conflicts such as double penalties, the principle of proportionality, the principle of the prohibition the retroactive law and the human right of not being attacked the physical damage and etc. already happened to chemical castration. Nevertheless, there are not many papers considering physical castration professionally. European including United States of American people may think that the law of castration is an effective legislation measure to prevent recidivism of sexual offenses. Especially Texas state has enforced the law of physical castration systematically. So I would like to make suggestions it carefully from analyzing legal logic and real state of physical castration law in Texas.
This research is about whether South Korea will be able to enact the law of physical castration. I explained about the present situation of chemical castration and pointed out the controversial issues about that(II). After fully understanding the law of physical castration from the background and the bill contents of the law of physical castration(II-2), and the reality of physical castration law in United States of America, specially Texas state(II-3), I deeply considered the side effects of physical castration law, the limit, and legal problems in the (III). Finally, I would suggest my proposal(IV) after considering all issues about what the better choice is for that.
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KEYWORD
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Chemical castration, Physical castration, Sexual offenses, Personal freedom, Security-measure
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