Stop the "Second Jo Doo-soon"... Revival of Protective Custody in Sight

Ruling and Opposition Parties Successively Propose Related Bills

[Image source=Yonhap News]

[Asia Economy Reporter Park Cheol-eung] Bills for protective custody aimed at preventing a "second Jo Doo-soon" are being proposed one after another. The People Power Party lawmakers introduced bills in September last year when Jo Doo-soon was released, and ahead of the February National Assembly session, ruling party lawmakers also presented related bills, increasing the likelihood of legislation.

According to the National Assembly on the 3rd, Kim Cheol-min, a lawmaker from the Democratic Party of Korea, proposed a bill for the enactment of the "Protective Custody Act" on the 29th of last month. This bill targets habitual offenders or those recognized as having a risk of recidivism, such as those with "two or more murders," "two or more sexual assaults," or "sexual assault against children under 13," separating them from society for a certain period after release.

The protective custody period that the court can sentence is set from 1 to 10 years, with provisions allowing for suspension of execution. The principle is solitary confinement, and treatments to enhance social reintegration abilities, such as psychological counseling, social experience learning, community service, and family relationship restoration activities, are included. If an individual absconds during protective custody execution, they are to be placed under probation for three years. Lawmaker Kim explained the background, stating, "Strong measures are needed to reduce the risk of recidivism among violent criminals."

Another lawmaker from the same party, Kim Nam-guk, also proposed the "Act on Prevention of Recidivism and Social Reintegration of Sexual Offenders Against Children." Considering constitutional controversy, the protective custody target is limited to sexual offenders against children, and if a prison sentence of five years or more is imposed, a sentence of 1 to 10 years in a custody facility can be ordered. In September last year, Yang Geum-hee of the People Power Party and Kim Byung-wook, who left the People Power Party earlier this month amid sexual assault allegations, each proposed protective custody bills.

The government and the ruling party agreed in November last year to legislate a law to isolate violent criminals in protective facilities for a certain period. This is an attempt to prepare new legislation 16 years after the Social Protection Act was abolished in 2005 due to controversies over double punishment and human rights violations related to protective custody measures. Related public opinion polls show overwhelming support for the introduction of the protective custody system.

The key issue is whether the constitutional controversy can be overcome. The National Human Rights Commission of Korea has expressed opposition to the bills by lawmakers Yang and Kim Byung-wook, citing issues of "double punishment" and potential infringement of fundamental rights. The Human Rights Commission also stated regarding the Protective Custody Act proposed by the Ministry of Justice in 2016, "Protective custody, being essentially deprivation of liberty, is no different from punishment and thus has a high possibility of double punishment. We have consistently pointed out the lack of clear and specific criteria to judge the risk of recidivism, which is one of the conditions for ordering protective custody."

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