Extension of Electronic Monitoring Period if Imprisoned While Wearing an Electronic Bracelet

Ministry of Justice Announces Legislative Notice for Partial Amendment of Electronic Device Attachment Act
Extension of Personal Information Disclosure Period... Also Amending Sexual Violence Punishment Act

Appearance with an electronic ankle bracelet attached.

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] In the future, if a person wearing an electronic monitoring device (electronic anklet) for crimes such as sexual violence, abduction of minors, murder, or robbery is imprisoned for another crime, the period of wearing the electronic anklet will be extended. Additionally, the period for public disclosure of personal information will also be extended.

On the 28th, the Ministry of Justice announced a legislative notice for amendments to the Electronic Monitoring Device Act and the Sexual Violence Punishment Act, focusing on these points.

First, the amendment to the Electronic Monitoring Device Act stipulates that if a person wearing an electronic anklet is detained for another crime or sentenced to imprisonment or higher, or subjected to treatment custody, the execution of the anklet attachment order will be suspended during that period.

Also, if a defendant who was wearing an electronic anklet as a condition of bail damages it and the bail is revoked, the data received from the electronic waves emitted by the anklet can be used as investigation or trial evidence.

Meanwhile, there had been criticism that when a sex offender subject to a personal information disclosure order is detained for another crime during the registration period, the disclosure period continues during the detention, which is not in line with the purpose of the system.

Accordingly, the Ministry of Justice prepared an amendment to the Sexual Violence Punishment Act that extends the registration period to cover the remaining disclosure period if the disclosure period remains even after the registration period has expired in such cases.

The Ministry of Justice plans to collect various opinions until February 6 next year, finalize the amendment, and submit the bill to the National Assembly after undergoing review by the Office for Government Policy Coordination and the Cabinet meeting. Detailed contents of the amended bill can be found on the National Participation Legislation Center website.