[In-Depth Review] Are the Measures Against Jodusun Adequate as They Are?

Professor Kim Do-woo, Department of Police Science, Gyeongnam National University

On December 13, Jo Doo-soon will be released after serving a 12-year sentence. The government has not only increased the number of CCTVs near Jo Doo-soon's residence by about 200 units but also applied special compliance measures such as a ban on alcohol consumption and restrictions on going out. Furthermore, Jo Doo-soon has been designated as a '1:1 electronic monitoring' subject for 24-hour close supervision. The National Assembly is attempting to legalize Jo Doo-soon's isolation by introducing the 'Protective Custody Act' to prevent recidivism and strengthen victim protection.

However, some raise doubts about the effectiveness of these measures and express concerns that they might become an example of 'showcase administration.' First, the Protective Custody Act faces constitutional controversy and human rights concerns as it involves re-imprisoning released individuals who have completed their sentences, which could be seen as double punishment. The 'Social Protection Act,' which was the foundation for protective measures against criminals in the past, was also abolished in 2005 due to similar controversies. Even if the proposed 'Crime Prevention Environment Creation Plan' to prevent Jo Doo-soon's recidivism is not fundamentally problematic, it cannot be applied every time a violent offender like Jo Doo-soon is released, raising issues of fairness.

Ultimately, the measures related to Jo Doo-soon's release can be divided into two core aspects: 'prevention of recidivism and management' and 'protection of victims and the community.' Most experts assess that Jo Doo-soon has a very high risk of reoffending. The basis for this includes his excessive alcohol dependence, uncontrollable destructive behavior, promiscuous sexual life, impulsiveness, and other personal traits. Additionally, the social environment he will face after release is also cited as a risk factor that may encourage recidivism. For example, regarding housing, strong opposition from local residents is expected to make stable housing maintenance impossible. Moreover, due to intensified management and supervision, it may be difficult for him to move or find a job to sustain his livelihood. Social surveillance may also frequently expose his private life, inevitably causing significant psychological anxiety.

According to the 2018 Crime White Paper, the overall recidivism rate for released offenders is 50%, and the recidivism rate within three years is 22.5%, which is relatively high. This indicates an urgent need to improve Korea's post-release management system. In particular, although some sex offenders like Jo Doo-soon belong to a high-risk recidivism group, appropriate policies seem to have been lacking. Supporting this, data released by Assemblywoman Kim Jin-ae's office shows that while the overall recidivism rate of probation subjects slightly decreased from 7.6% in 2015 to 7.2%, the recidivism rate for sex offenders increased from 4.8% in 2015 to 6.9% in 2019.

Therefore, for high-risk recidivists, it is necessary to prevent immediate return to their residences after release and instead have them live in halfway houses such as rehabilitation protection institutions until they can lead a normal life. In Korea, rehabilitation protection institutions already operate to provide appropriate job placement and psychological treatment to released offenders, which is evaluated to suppress recidivism factors to some extent. Nevertheless, most rehabilitation protections are voluntary, meaning they can only be implemented with the consent or application of the released individual, which is a limitation.

Moreover, recent reports related to Jo Doo-soon's release have increased secondary harm experienced by victims and the community. The city of Ansan criticized the media's attitude that causes anxiety among all citizens and requested consideration for the victim's 'secondary harm' and 'right to be forgotten.' Considering the pain that victims and the community will endure, government support measures are required, and the core of these measures should be pursued concurrently in terms of the victim's economic, physical, and emotional recovery as well as reducing the community's fear.

This content was produced with the assistance of AI translation services.