The measures are a direct response to recent violent crimes in South Korea, but its Constitutionality is being called into question by experts in the legal sector

Prosecutors and politicians are pursuing retroactive measures to place repeat sex offenders who were indicted for crimes before Sept. 1 2008 under laws governing electronic tagging. These measures are a response to suspect Kim Kil-tae, 33, who is wanted by the police in connection to the rape and murder of a 13-year-old girl in Busan City. Kim was not electronically tagged because he was indicted prior to Sept. 1 2008.

Ruling Grand National Party (GNP) floor leader Ahn Sang-soo said during a countermeasure meeting regarding the matter on March 9, “We needed to pass laws related to the issue of child sex crimes by holding a legislative and judiciary committee meeting as soon as possible.” Ahn continued, “I would like to request that we create retroactive measures for electronic tagging through a meeting between the ruling party and Justice Ministry.” The GNP plans to pass the related legislation within the month.

Main opposition Democratic Party (DP) floor leader Lee Gang-rae also said on the same day, “Retroactive measures over electronic tagging has become an important issue.” Lee added, “The National Assembly should finalize countermeasures for the current issue within the month.”

The Supreme Prosecutors’ Office is also saying that retroactive measures is needed for electronic tagging.

Some experts in the legal sector, however, are pointing out that this legislation could be in violation of the Constitution’s ban on retroactive legislation. In response, prosecutors said, “It cannot be considered a violation of the Constitution because the electronic tagging system is not a punitive but preventative measure of crime control.”

The electronic tagging system is, in any case, expected to remain a controversial issue in South Korea in the near future.

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