[Sex Offender Residence Controversy]③ Residence Ban Within 500m of Schools: "Agree on Necessity" VS "Possibility of Unconstitutionality"

Sympathy for Necessity... Effects May Vary by Recipient
Excessive Residence Restrictions Could Also Be Unconstitutional

[Asia Economy Reporter Jang Sehee] As the Ministry of Justice pushes for the 'Korean-style Jessica Law,' which prohibits high-risk sex offenders from living within 500 meters of schools, daycare centers, and kindergartens after their release, experts remain divided on the issue. While there is consensus on the policy's necessity, concerns about its constitutionality have been raised.

Um Jeong-sook, a real estate specialist lawyer at Lawdo Comprehensive Legal Office, stated on the 23rd, "According to the Educational Environment Act, illegal sex trade establishments or massage parlors cannot operate within educational environment protection zones," adding, "There seems to be a need to promote policies restricting the residence of sex offenders based on social consensus."

Seo Ji-won, a lawyer at Naran Law Firm, pointed out, "It is necessary to craft policies regarding the isolation of sex offenders with precision," and noted, "The effects may not be the same when applied to the general adult population." This suggests that even if all sex offenders are isolated, the outcomes may vary.

[Image source=Yonhap News]

There are also opinions that residence restrictions may be unconstitutional. Kang Gil, lead attorney at Hanse Law Firm, said, "Currently, public disclosure of personal information is sufficient, and imposing residence restrictions seems excessive," adding, "Excessive residence restrictions could potentially be deemed unconstitutional laws." Regarding the establishment of protective facilities, he argued, "Since the subjects have already been punished, sending them back to facilities could be considered confinement and a form of punishment, which may amount to double jeopardy."

Last month, the Ministry of Justice announced plans to implement the Korean-style Jessica Law, which restricts habitual rapists and sex offenders against children under 13 from residing within 500 meters of educational facilities due to concerns about recidivism. However, 36% (1,130 out of 3,172) of sex offenders nationwide live in the Seoul metropolitan area, including Seoul and Gyeonggi Province, making relocation practically impossible.

There is also an assessment that concentrating sex offenders in one area could lead to security challenges. Kim Do-woo, a professor in the Department of Police Science at Gyeongnam National University, said, "Applying the Jessica Law based on urban standards would severely limit the living spaces available to sex offenders," and warned, "Ultimately, this could increase security instability in areas where sex offenders congregate." While clustering offenders may improve management efficiency, it could create security blind spots.

Lee Woong-hyuk, a professor in the Department of Police Science at Konkuk University, explained, "If pushed and pushed, it could form something like a sex offender village," adding, "There is concern about recidivism based on the assumption that rehabilitation has failed, but it is also important to improve their behavior within the judicial system through enhanced gender sensitivity and strengthening the capabilities of correctional officers."

The government is also considering establishing group protective facilities for sex offenders, but this appears difficult due to opposition from local residents. When offenders such as Jo Doo-soon and Kim Geun-sik attempted to reside in Ansan and Hwaseong in Gyeonggi Province after their release, local residents strongly protested at city halls.

Professor Lee suggested, "We need to consider Korea's unique regional selfishness and provide concrete benefits when accepting such facilities." He also proposed considering a conditional parole system with residence restrictions attached.