간행물
矯正硏究 KCI 등재 교정연구 Correction Review
- 발행기관 한국교정학회
- 자료유형 학술지
- 간기 연3회
- ISSN 1226-6809 (Print)2466-0698 (Online)
- 수록기간 1991 ~ 2023
- 주제분류 사회과학 > 법학 사회과학 분류의 다른 간행물
- 십진분류KDC 364DDC 345
권호리스트/논문검색
제13호 (2001년 12월) 15건
學術發表論文
1.
2001.12
구독 인증기관 무료, 개인회원 유료
수형자들은 범행의도를 인정하고, 교정시설에서 그에 상응하는 벌을 받고 있는 사람들이다. 그러나 교정 프로그램은 수형자들이 범죄를 선택한 자유의지에 바탕을 둔 내적 변화보다는 상과 벌에 의한 외현적 행동수정을 우선적으로 추구한다. 그래서 처벌과 교정은 서로 일치하지 않는다. 범행의도에 의해서 별을 받는 수형자들에게 자유의지를 기본으로 하는 교정을 수행하기 위해서 실존주의 심리학적 접근이 타당하다. 실존주의 심리학적은 수형자들이 자신의 현존재를 솔직하게 받아들이게 하고, 자신이 세상에 존재하는 이유를 분명히 깨닭게 하고, 그리고 세상 을 자유롭게 설계할 수 있도록 도움을 줄 것이다.
6,000원
2.
2001.12
구독 인증기관 무료, 개인회원 유료
This study aims to analyze programs for inmates : education, work, recreation, and religion. In America the condition of the prisoner should be the principle of least eligibility. Also Educational programs are probably the most important prison programs available for inmates. Because academic skills programs may also be a major contributing factor to develope practical knowledge in many areas. In addition vocational programs for inmates are thought to be the best vehicles for breaking the cycle of recidivism. These programs are aimed at providing inmates with contemporary marketable skills relating to specific jobs on the outside. Prison work for inmates consists of two general types of jobs : those that maintain the institution and industrial or productive in nature. Recreational programs are intended to encourage inmates to make constructive use of leisure time in America. Chaplains' main mission is to minister to inmates to help interaction of inmate and religious activities. This study concluded that desirable programs for inmates is education with humanity.
6,300원
3.
2001.12
구독 인증기관 무료, 개인회원 유료
This Research suggests improvement of current correctional policy on juvenile delinquents. It argues that recent augmentation of crimes committed by younger juveniles and its aggravation is caused by correctional policy based on punitive execution. For the research, 552 correctional officers from youth detention centers and prison for youth in Kyoung-ggi, Dae-jeon, Cheon-an, and Kim-cheon of 1,550 correctional officers from all the correctional facilities for the youth draw up the self-reports. This illustrates us satisfactions on the facilities and its educational or vocational programs offered. It also shows us how correctional community protects released youth from possible repeated offenses. According to the result of self-reports, more than half of participants were satisfied with current correctional facilities, however many participants point out that correctional facilities must be improved to be more mitigate. Even though there are positive views on the intellectual education, academic education and vocational training offered in the current correctional system, lots of them believe it needs to offer more practical education that youth can fit into the community more successfully after release. In addition, many people take interests in new treatment system such as group home, foster homes, day treatment and alternative school program which are community treatments performed in America and Australia. However, it needs to examine carefully though. For the future, when these variety system operates successfully, we can forecast that they will reduce crimes of juvenile delinquents and contribute to prevention of possible repeated offenses.
9,000원
硏究論文
4.
2001.12
구독 인증기관 무료, 개인회원 유료
Most people would agree that the prevention of a problem is more important than the measures of control and treatment. Neverthless, in the instance of crime, treatment is very difficult, because it is so hard to get on the target. We have tried valiantly to discover and to introduce measures in the Treatment of Offenders. There are so many difficult problems ; the classification of prisoners(classification within the institution, or classification by institution), the open treatment(open institution), the movilization of community resources(voluntary visitor system), pre-release guidance center(halfway house), community correctional centers, conditional release(parole) and civil inspector. In the Treatment of Offenders, there are several kinds of ones. For example, Juridical Treatment, Correctional Treatment, Institutional Treatment and Community based Treatment. The wise and standard method for the study of "the Rehabilitative Ideal in the Treatment of Offenders" will be taken pimarily from the "Standard Minimum Rules for the Treatment of Pisoners", 1957(revised 1977). Modrem society does expect imprisonment to serve a useful purpose beyond that of keeping known criminals confined. The prison, somehow, is supposed to further the goal of rehabilitation. The prison is an authoritarian community and will remain so, even if far greater attention than has been true in the past. It is excessively optimistic to expect the prison to refom all inmates, since it is the more serious or more hardend offender who is most apt to be confined. The agency of society concerned with the prevention and control of crime, in the form of prison, does not take revenge as its major goal either in lip service or in practice. Imprisonment, it is argued, receives its major justification today as a means for the protection of the state and for the return of the offender to the ranks of the law-abiding.
8,600원
5.
2001.12
구독 인증기관 무료, 개인회원 유료
Although the purposes of punishment vary with their theoretical standpoints, the function of "special deterrence" of the criminals should be the primary correctional goal. Article 1 of the Korean Correction Law defines that "the reintegration of inmates" is the main objectives of the execution of punishment. "A short-term imprisonment" which deprives criminals of their liberty for the short period of time is too short to run the rehabilitative programs for fulfilling the goal of "reintegration." In contrast, it provides sufficient time for the criminals to learn criminal techniques and attitudes from their prison colleagues. In this sense, some argue that this type of punishment has more negative effects rather than it serves the correctional goal. As a result, attempts are recently made to find out alternatives of the short-term deprivation of liberty(e.g. pecuniary punishment). However, there have been much controversies about the exact time-span of "the short-term" punishment and the clear diagnosis of the alleged negative impacts. This article, therefore, is designed first to illustrate possible negative effects of the short-term imprisonment with its relation to the penological thoughts, and then seek alternative types of punishment that better serve the correctional idea of "reintegration."
6,300원
6.
2001.12
구독 인증기관 무료, 개인회원 유료
The effective confinement of correctional populations, and the successful rehabilitation and reintegration of the inmates as key elements of correctional objectives are legitimized by the law. However, it is not easy to accomplish these goals at the same time, because these two goals are inherently in conflict: emphasizing on the one may result in weakening of the other. Therefore, both theoretical and practical considerations have been given to reconciliate this contradictory aspect of the two goals. The study examines each issue of "rehabilitation and reintegration" and "public safety" with their relevance to the correctional goals, and then discusses their relationship, focusing on the conflict side of the two goals. Next, attempts are made to find out ways to solve the tension between the two. This paper gives some suggestions as follows; ① The priority should be given to the goal of rehabilitation and reintegration rather than that of public safety and community protection, ② although the safety issue seems secondary in its role in the general correctional objectives, this does not mean that we can ignore this aspect entirely. It should also be considered as an important part of the correctional goals, ③ efficient and effective strategies must be made to preserve secure environment within the facilities, ④ incessant efforts are needed to develop various strategies for the community-based corrections.
6,100원
7.
2001.12
구독 인증기관 무료, 개인회원 유료
In general, issues of crime and criminals are the utmost social problems everywhere in the world. In particular, the recidivism is one of the most important aspects of crime problem. Increases in recidivists can be accounted for by the failures of the programs provided by the correctional facilities to rehabilitate the inmates, while they serve the imposed sentence. It is the career training program that can function as a means to attack the issue of recidivism, because having chances to work in the community will prevent criminals from their inclination to engage in illegal activities. Based on this understanding, this study aims to find ways to provide best career training programs within the facilities. In order to do this, the historical development of the prison career training programs is first introduced. At the same time, current career training programs for the inmates are reviewed. And finally it gives constructive insights to maximize the efficiency of the programs for the career development of the inmates.
5,500원
8.
2001.12
구독 인증기관 무료, 개인회원 유료
The purpose of this article is to study the theory and practice of Korean pardon system, to analyse its problems and to suggest some ways of solving or preventing those problems. In this articles, the books, the articles and official statistics on the korean and such european countries as Germany, France, Italy and Greece are studied and compared each other. The contents of this article is as follows. The first chapter is an introduction. The second chapter is about the history of pardon and the korean pardon system. In the third chapter, the practice of general pardon and special pardon from 1948 to present in Korea and its problems studied. The fourth chapter is a comparative study on korean pardon system with some european countries such as Germany, France, Italy and Greece. In the fifth chapter, some ways of controlling and limiting the pardon power of the president are suggested. The sixth chapter is a conclusion.
6,300원
9.
2001.12
구독 인증기관 무료, 개인회원 유료
Punishment for crimes committed in Korea Today is meted out based on rehabilitation of the offender. Consequently, during their incarceration, prisoners are given technical training. It is important that the constitutional rights of prisoners be limited. Prisoners rights and determining their restrictions are major problems with present criminal policy. Therefore, prisoners' rights must be protected to the utmost. Since the end of the Second World War, criminal policy of the international community, centering around the United Nations, has had an influence on Korea, leading to the latest revision of the country's Prison Act and efforts for the maximum protection of rights. The Prison Act must stipulate to what degree a prisoner's rights may be restricted as well as how assistance can be received when those rights are violated, but the Prison Act stipulate no such provisions. To solve these problems, the following are proposed. First, the penal system must be able to address the complaints of prisoners according to law, and there must be more flexibility in the operation of prison affairs. Second, there are many cases in which a prisoner cannot begin legal proceedings for an appeal or present a constitutional lawsuit to a court. Therefore, as is the case in Germany, in Korea also a law must be made which provides that prisoners who have their rights violated while incarcerated under the death penalty may initiate legal proceedings under the Prison Act. Third, The penal system must be independent of the Ministry of Justice, whose supervision it is now under. Specialization must be attained in prison management, but first, there must be an attitudinal change in prison management and security personnel.
7,800원
10.
2001.12
구독 인증기관 무료, 개인회원 유료
Boot camp programs, frequently called "shock incarceration" programs, appeared in the early eighties as an alternative to traditional correctional programs. Offenders in these programs spend a relatively short period of time in a quasi-military program involving physical training, drill, manual labor, and strict discipline. Since 1983, 49 boot camp prisons have been opened in 33 State correctional jurisdictions, in addition to many programs developed and being considered in cities and counties, and for juveniles. The past decade has witnessed considerable interest in the concept of boot camps as a potentially effective intermediate sanction for certain types of Offenders. The research findings indicate that boot camps may be a useful alternative sanction to keep first offenders from offending again over the short terms, but that the long-term effects on recidivism or reduction of cost and prison crowding have not yet been determined. There is growing evidence that cost savings can be achieved if boot camps are used as an alternative to confinement. Because shock incarceration programs confine offenders for relatively short periods (3-6months), they may not be able to prepare the participants fully for readjustment to the community. More follow-up for participants in terms of aftercare services - employment assistance, drug treatment, etc - may, therefore, be an essential aspect of successful programs. Although boot camp programs are expected to remain popular for now, it is not known if growth can be sustained. Among the factors affecting such growth are political and popular interest, success in achieving program goals, and legal issues associated with the selection of program participants.
6,400원
11.
2001.12
구독 인증기관 무료, 개인회원 유료
Der vorliegende Aufsatz geht auf dem Recht auf Besuch des Gefangenen im koreanischen Strafvollzugsgesetz ein. In diesem Aufsatz geht es darum, auf Grund der Verfassungsidee des Rechtsstaatsprinzip und Sozialstaatsprinzip den Grundsatz der Besuche, das Recht auf Besuch, das Besuchsverbot und die Besuchsuberwachung zu uberblicken. Durch diesen Aufsatz hat der Verfasser erstens vertreten, daß der Gefangene das Recht mit Personen außerhalb der Anstalt im Rahmen der Vorschriften dieses Gesetses zu verkehren hat. Zweitens kann der Anstaltsleiter Besuche untersagen, wenn die Sicherheit oder Ordnung der Ansalt gefahrdet wurde, oder wenn zu befurchten ist, daß die Besucher einen schadlichen Einfluß auf den Gefangenen haben oder seine Eingliederung behindern wurden. Voraussetzung ist hier jedoch, daß es sich bei den Besuchern nicht um Angehorige. Im Hinblick auf den verfassungsrechtlichen Schutz von Ehe und Familie nimmt das StVollzG in kauf, daß Besuch Angehoriger stattfinden, von denen negative Auswirkungen auf den Gefangenen ausgehen. Drittens reicht die negative Beeinflussung des Gefangenen fur sich allein noch nicht aus, um ein Besuchsverbot zu rechtfertigen. Vielmehr muß die Anstalt jeweils prufen, ob der Gefahr durch weniger einschneidende Maßnahmen- z. B. durch die Anordnung von akutisch uberwachten Besuchen- begegnet werden kann. Viertens laßt die Uberwachung von Besuchen aus Grunden der Behandlung des Gefangenen sowie der Sicherheit oder Ordnung der Anstalt zu. Die Uberwachung setzt aber konkrete, in Straffall gerichtlich nachzuprufende Anhaltspunkte fur das Vorliegen einer Gefahrdung der Behandlung, Sicherheit oder Ordnung voraus. Sowie die optische Uberwachung im Hinblick auf die Behandlung, Sicherheit oder Ordnung ausreicht, kann sich die Ansalt damit begnugen. Sie ist nur dann gehalten, die Unterhaltung zu uberwachen, wenn es aus diesen Grunden geboten ist.
5,500원
12.
2001.12
구독 인증기관 무료, 개인회원 유료
In der wissenschaftlichen Diskussion um die Resozialisierung im Strafvollzug wird seit 80er Jahren haufig gefordert, den strafrechtlichen Wiedergutmachungsgedanke auch im Stadium des Strafvollzugs zu verankern. Mit der Konzeption der opferbezogenen Vollzugsgestaltung betont die Diskussion, daß der materielle, immaterielle und symbolische Ausgleich mit der herkommlichen Frage nach dem vollzuglichen Zweck in engem Zusammenhang steht, und das jetzige Vollzugsgesetz darauf ausgerichtet werden soll, durch die freiwillige Tatwiedergutmachung den Gefangenen zu befahigen, kunftig in sozialer Verantwortung ein Leben ohne Straftaten zu fuhren. In diesem Sinne beschrankt sich die Wiedergutmachung nicht nur auf den Bereich des Strafausspruchs, sindem ist auch im Stadium des Strafvollzugs notwendig. Bei der Umsetzung der Tatwiedergutmachung im Strafvollzug bestehen jedoch die Schwierigkeiten: Neben dem Problem des materiellen Ausgleichs wegen geringer Arbeitsentlohnung auch kann es unter den Bedingungen des Freiheitsenzuges an einer Bereitschaft des Gefangenen mangeln, die immaterielle oder symbolische Wiedergutmachung freiwillig zu leisten. Denn mancher Straffallige sieht seine Tat durch die Strafverbußung als "erledigt" an, worin sich ein Hemmnis fur ein erfolgreiches Zustandebringen des Tater-Opfer-Ausgleichs verbirgt. Die Schwierigkeit eines Zustandebringens der symbolsichen Wiedergutmachung ergibt sich aber auch aus der Opferperspektive. in der das Opfer dann eher beeintratigt wird, wenn Vollzugspersonal oder ein Vermittler ein Ausgleichsversuch unreflektiert und unprofessional unternimmt.
5,500원
13.
2001.12
구독 인증기관 무료, 개인회원 유료
This study is a review paper which re-analyzes correctional programs and finds successful factors on recidivism. The principal papers rivewed in this study are Lipsey(l999), Gendreau(l996), and Antonowicz & Ross (l994). The strengths of these reviewed papers lie in the extensiveness and the statistical methdology, namely 'meta analysis'. Meta analysis produces different effect sizes from various research and a test statistic(Q value) for the comparison. Particulary, Lipsey(1999) rivewed 400 papers which had reported effectivessness of the correctional programs in English during the year of 1950 through 1995, and extracted 150 successful factors on recidivism. And also he reported unsuccessful determinants in correctional programs. This paper also introduced profiles of the successful programs implemented to jevenile delinquents and adult criminals in the American continent with a intention to share insights with readers for better correctional programs in Korea. Finally, the conclusion of this review is: First, the correctional programs focused on deterrence or psycho-dynamics (e.g., unconsciousness) are not successful. Second, cognitive-behavioral psychotherapy techniques focused on the reduction of individual's criminogenic needs are most successful.
7,700원
14.
2001.12
구독 인증기관 무료, 개인회원 유료
In this paper, the interactive effects of major factors on juvenile delinquency were examined using multiple regression analysis. Major factors on juvenile delinquency are attachment to the parents, supervision of the parents, school achievement, strain caused by school achievement(achievement strain), strain caused by college(or job) entrance (entrance strain), the degree of contact with delinquent peers(delinquent contact) and the degree of bond with delinquent peers(delinquent bond). Interaction terms were created by multiplying each of the major factors. Juvenile delinquency was measured by three methods; the times of minor delinquency, the times of serious delinquency, and the seriousness measure of the committed delinquent behavior by seriousness scale. Three sets of regressions were then performed. First, minor delinquency measure was regressed on the seven variables of major factors, with and without the twelve interaction terms. Second, serious delinquency measure was regressed on the seven variables of major factors, with and without the twelve interaction terms. Third, seriousness measure was regressed on the seven variables of major factors, with and without the twelve interaction terms. The result from the regressions with the interaction terms shows that the twelve interaction terms significantly increase the amount of explained variance in both serious delinquency and seriousness degree but not in minor delinquency. The amount of explained variance in the serious delinquency is increased from 26.8% to 31.5%, or 17.6%. Explained variance in seriousness of delinquency is increased from 31.2% to 34.0%, or 9.0%. But increasement in minor delinquency is not significant, from 43.9% to 44.3%, only 0.9%. The five terms of twelve interaction terms have a significant effect on the serious delinquency or the seriousness of delinquency; 'attachment × entrance strain', 'attachment × delinquent contact', 'supervision × delinquent contact', 'school achievement × delinquent contact', and 'school achievement × delinquent bond'. Overall, the paper indicates that the addition of the interaction terms substantially improves the prediction of serious delinquency.
7,000원
15.
2001.12
구독 인증기관 무료, 개인회원 유료
Recently, juvenile prostitution in Korea is increasing. The government and civic organizations presented various tough measures designed to fight ever-increasing prostitution involving girls, one of them is a Law on Protection for Juvenile's Sex enacted in June 2000. In comparison with the Anti-Prostitution Law, the law aggravates punishment on adult buying sex from under 19, but regards juvenile involved the prostitution as victims and prescribed protective disposition on prostituted juvenile to the exclusion of criminal punishment to promote reform through education and protection. When we analyzes the criminal-justice-system response to prostituted juvenile. we find the fact that police or prosecutors routinely release most of the prostituted juvenile(about 90% or more) to parents or guardians irrespective of investigation to prostituted juvenile's family environment, personality. and other relevant information. But considering that most of prostituted juvenile have run away from their homes or are from the structural and functional incomplete family, the police and prosecutor's routinized simple return home measure to prostituted juvenile is not seen as an effective measure. Also, juvenile involved in prostitution is difficult to easily overcome by temptation into prostitution for themselves, because they can make a great amount of money, with just the sacrifice of their body and without much excessive labor. On the other hand, in the case of voluntarily entering civil welfare facilities to accommodate prostitutes such as youth rest center, most of them are apt not to stay at there for a long time. Therefore, law enforcement officers are in need of actively making use of protective disposition attempting to harmonized the welfare function and judicial function. But, for the protective disposition to become effective measure to help the rehabilitation of prostituted juvenile needs a variety of changes in juvenile protection and rehabilitation policy. First, juvenile investigator system have to fulfill its function in practice through supplement of competent investigators, the increasement of funds and the development of inquiry technology. Second, treatment of prostituted juvenile are need of deciding centering around community based treatments than institutional treatments. In the order to fulfill functions for community based treatments especially Probation System, the number of the probation officers and volunteer probation officers such as university women students. Also, in case of the Community Service Order and Attendance Center Order, we have to develop the various program of the Attendance Center Order which are suitable and effective to prostituted juvenile and to amend the provision of the Juvenile Law in order that these measures will be applicable to the juvenile under 16 years old. Third, in case of commitment treatment to facilities, commitment to Facility for Guidance and Protection prescribed in the Anti-Prostitution Law abolishes and residential community treatment should actively be applied by juvenile courts. Now, child welfare facilities were supervised by the Ministry of Health and Welfare and youth protective facilities were supervised by Juvenile Court took. There was no governmental agency responsible for supervising the facilities in a consistent manner. Therefore the bureau should establish a special committee for residential community facilities. Lastly, we have to develop the commitment model suitable to prostituted juvenile such as group home and foster home. Fourth, we need to increase the number of the commitment facilities for medical treatment to accommodate the special prostituted juvenile who have disease and so on and to solve the budget-deficits problem.s
6,900원
