In 2009, the Korean Ministry of Justice implemented a residential placement as special condition, which is specifically intended to place tougher restrictions on probationers, to protect society from criminal. However, there is underlying concern that the constitutional rights of probationer might be violated. For example, residential placement unlike Approved Premises could infringe on an probationer's rights to privacy and equality. In spite of some advantages residential placement gives, government should be aware that residential placement has also limitations related to those issues raised in residential placement debate.
The current study aims at uating the Korean Ministry of Justice's revision in views of probation and finding significance of probation condition on the view of constitutional restriction that must be guaranteed to the maximum extent in accordance with the constitutional spirit. In this process, I investigated foreign comparable regulations which are related with residential placement and curfew. In addition, I tried to enlight the meaning of community treatment itself.

Key words : 거주지정(residential placement), 가택구금(house arrest), 보호관찰 준수사항(probation special condition), 근본적 권리(fundamental right)