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
제21호 (2003년 12월) 11건
學術發表論文
1.
2003.12
구독 인증기관 무료, 개인회원 유료
Postmodern criminology is based upon the belief that past criminological approaches have failed to realistically assess the true causes of crime and have therefore failed offer workable solutions for crime control or if they have, that such theories and solutions may have been appropriate at one time but no longer apply to the postmodern era. It challenges and debunks existing perspectives on crime and crime control. Upon such assumptions, the article examines how we conceive of penal policy or prison in contrast to how it is conventionally understood, and outlines what an alternative direction might look like. It introduces peacemaking criminology, constitutive criminology and restorative justice for the development of a new “replacement discourse”. Peacemaking criminology holds that crime-control agencies and the citizens they serve should work together to alleviate social problems and human suffering and thus reduce crime. The main purpose of criminology is to promote a peaceful, just society rather than standing on empirical analysis of data, by drawing its inspiration from religious and philosophical teachings. Constitutive criminology builds on the belief that crime and its control cannot be separated from the totality of the structural and cultural contexts in which it is produced. Given this interrelated nature of social structure and human agents and their social and cultural productions in the coproduction of crime, it trys to promote a just policy of reconstruction through replacement discourse which is directed toward the dual process of deconstructing prevailing structures of meaning and displacing them with new conceptions, which convey alternative meaning. Restorative justice has been practiced as an alternative to existing justice system beyond philosophical teaching or religious ideology in various countries. It seeks to attain a balance between the legitimate needs of the community, the offender, and the victim. The healing of all parties involves many aspects, ranging from victim assistance initiatives to legislation supporting victim's compensation. It follows such guidelines that community are victims, we use punishment to pay back the community, we combine punishment with help, and we give community a voice in shaping restorative sanctions.
8,900원
2.
2003.12
구독 인증기관 무료, 개인회원 유료
In Article 10 of our Constitutional Law in our country prescribed that “All of our people have a dignity as a humanbeing and value also have a right to puruse happiness” It has clearly defined that the human dignity is the highest value of the rule. The term “human rights” means any of human dignity, worth, liberties and rights which are guaranteed by the Constitution and Acts of the Republic of Korea or recognized by international human rights treaties entered into and ratified by the Republic of Korea and international customary law. The main objectives of the human rights are to realize the dignity and worth of the human person in order to contribute to the safeguard of the basic order of democracy. It is very important to protect and promote the inalienable and fundamental human rights of all individuals. This paper is a study on guaranteeing the Human Rights of convicted prisoners. In this thesis, aimed at groping improvement device of the convict system to establish the human rights. It is impossible only effort of The prison officer for the national human rights safeguard and improvement of the basic human, a continuous interest should be required as well as a new posture of the national consciousness for the human rights.
8,400원
硏究論文
3.
2003.12
구독 인증기관 무료, 개인회원 유료
본 연구는 矯導所내에 치료공동체적 접근법(Therapeutic Community Approach)을 적용하여 그 효과성에 대해 평가해 보고, 보다 적합한 치료적 介入방법을 모색해 보는 것을 연구목적으로 하였다. 본 연구의 대상자는 영등포와 전남장흥교도소의 마약관련 재소자들 중 일년 미만 육개월 이상의 재소기간을 남긴 자로 제한하였으며, 실험통제집단 전후비교설계를 사용하였다. 즉 본 연구에 동의한 대상자 80명 중 무작위로 40명은 실험집단에, 나머지 40명은 통제집단으로 선정하였다. 실험집단에 대하여 6개월에 걸쳐 치료공동체적 접근법을 적용한 집단교육 프로그램을 실시하였으며, 통제집단은 개별상담을 원한다면 별도의 시간을 배정하여 개별 상담의 시간을 가졌다. 본 프로그램의 효과성을 평가하기 위해 고려한 요인으로는 단약관련자기효능감과 문제해결인식이었다. 본 연구의 결과 치료공동체적 접근이 藥物中毒者의 자기효능감 및 문제해결인식을 증가시키는데 효과적으로 나타났다. 즉, 본 프로그램을 통하여 프로그램 참가자는 프로그램을 실시하기 전과 비교하여 藥物사용과 관련된 상황에 직면했을 때 약물을 사용하지 않을 수 있는 능력과 문제상황을 효과적으로 대처할 수 있는 能力이 향상된 것으로 나타났다. 따라서, 후속연구를 통하여 치료공동체적 접근법의 효과성을 제고시킬 수 있는 표준화된 치료모델을 개발하는 노력이 요구된다.
7,700원
4.
2003.12
구독 인증기관 무료, 개인회원 유료
Release on parole is a system by which a person who, by judgment, was sentenced to imprisonment and is confined in prison is released even before a prison term expires in case his behavior is exemplary and he shows sincere repentance and, thereafter unless the release on parole is cancelled or invalidated under his behavior, the execution of the punishment is to be considered terminated. Release on parole not only make convict's return to society earlier by reducing a period of unnecessary punishment execution, but also plays a role of promoting convict's voluntary desire to return to society during a term of imprisonment. Therefore, a parole system, only if active and appropriately operated in the right direction, can be said to be a very ideal correctional system able to make convict's return to society earlier. But, in spite of the legal basis that can execute extensively within the country probationary supervision on an adult convict who was release on parole, a parole system is negatively carried out in our country, which is probably caused by people regarding parole as only a reduced term of imprisonment. But, parole can be regarded as not a reduced term of imprisonment but a new type of execution of punishment converted from institutional treatment into community treatment. Like this, parole means that a convict in confinement is converted from the conditions under institutional treatment to the conditions under community treatment, so this system may bring about the maximum probationary effects only if amicable cooperation between the persons in charge of institutional and community treatment is realized. Accordingly, the criminal policy tends to stress more the importance of community treatment of a convict than that of institutional treatment. From such a viewpoint, in this paper, I inquired into the present situation of the parole system of our country and proposed a plan for improving the parole examination system (Parole Examination Committee and Probationary Supervision Examination Committee), a plan for linking parole to probationary supervision, a plan for making parole activated, etc.
8,900원
5.
2003.12
구독 인증기관 무료, 개인회원 유료
This study deals with what is the best treatment model against offenders refer to punitive purpose, criminal cause theory, responsibility principle of criminal law and korean criminal policy etc. Because one kind of treatment model against offenders are not appropriate to view point of various the punitive purpose theories and the criminal cause theories, this study was focused on the view that a few treatment model against offenders should be combined. And it is necessary the viewpoint that each treatment models against offenders can mutually realize supplementary function. In conclusion, this study included that the combined treatment model against offenders(combined model of rehabilitation model, reintegration model and justice model) was the best model theory in treatment model against offenders. this model combined partial factors of followed three models ; -. This model fundamentally is based on the rehabilitation model. -. The excessive criminal punishment problem should be restricted by application of responsibility principle of criminal law.(justice model's factor) -. Because the nation and society produced a part of criminal cause, they correspondingly must be responsible for the criminal cause. (reintegration model's factor). Because of this reason, they have duty to make healthy social environment.
6,700원
6.
2003.12
구독 인증기관 무료, 개인회원 유료
The death penalty is one of the oldest forms of punishment, and despite its evil nature it still remains a worthy system. Ultimately, of course, the capital punishment is stepping towards extinction. Also, many countries are banning it altogether, if not already banned. However, it is rather inappropriate to say that a country that prohibits execution is a country that assures humans rights. Similarly, a person against the death penalty does not necessarily mean that he/she is a human rights activist. So far, the debate whether to continue or to abolish the capital punishment has been valued too abstractly by ethical and religious measures. It is true that the death penalty has realistic functions such as acting as the last measures to social protection, realizing judicial definition, and reducing criminal judicial cost, however, they have not been valued properly. Thus, these functions must be considered before a decision can be made whether to use the death penalty or to eliminate it from the society. The capital punishment has been used as means to control the society, the East and the West alike, from the ancient times and has undergone many changes historically. One of the main problems of the system, however, is the fact that it has been used as a political tool. Therefore, the death penalty has to be prevented altogether from being used as an instrument to rid of political opponents or to suppress minor powers or alienated groups. In addition, the system has to be strengthened by devising plans to minimize the room for error. Criminal law that allows death penalty to political offenders or public safely violators should be revised. Meanwhile, trial procedures, such as trials by jury, also need changes so that the highest level of prudence is given for the capital punishment. The capital punishment is a fearful system where human lives are take away but is also absolutely necessary. It is an appropriate retribution for those immoral members of the society who has no respect for the life of others. It also is a defense mechanism to prevent more lives from being harmed. Therefore, we must change our attitude about the death penalty to a more realistic viewpoint. In general, those criminal procedures that only protect the criminals rights should also be revised to protect the victims instead. In sum, the capital punishment will no longer be needed when the criminals that deserve the ultimate punishment no longer exist in our society.
8,100원
7.
2003.12
구독 인증기관 무료, 개인회원 유료
In recent years community-based corrections can be expected to play a much greater role in the criminal justice. Community-based corrections seeks to keep criminals in the community by building ties to family, employment, and other normal sources of stability and success. At the heart of community penalty systems today are the myriad conditions attached to sentencing courts' probation orders, and to special purpose orders for community service, curfew and like. Of course, a sentencing court imposing conditions of probation or another community penalty may not believe or intend them to be subjectively or objectively punitive. The court may not be imposing a penalty in that sense at all. In the viewpoint such as those backgrounds, it is very important somewhat for 'community justice', 'public safety' and 'restorative justice' etc.. They have political value as well as substantive merit, which increasingly leads managers of community-based corrections agencies - and other criminal justice agencies and community structures - to try to operationalize and harmonize the ideas in their practice. Therefore I am concerned about the relationships between 'Element of a Sense of Community' and 'Community-Based Corrections'. A sense of community can be defined as "a feeling that members have of belonging, a feeling that members matter to one another and to the group, and a shared faith that members' needs will be met through their commitment to be together. McMillan and Chavis argued four elements of a sense of community, those are Membership, Influence, Integration and fulfillment of needs, and Shared emotional connection. This study is aimed to seek the meaningful connection between the theory of McMillan & Chavis and community-based corrections in Korea. I assume that the four factors having the greatest impact on community-based corrections in our country
6,900원
8.
2003.12
구독 인증기관 무료, 개인회원 유료
The purposes of this study are to analyse operating systems of inmate's vocational education and training program and to suggest more effective methods in improving quality of vocational education and training. The vocational education and training should be carried out to meet the diverse educational needs of inmates through academic and transitional services whereby inmates can successfully integrate into society. In addition, inmates can secure employment and become responsible citizen through education and training so that reduce possibility of the repetition of an offense. Current education and training program are analysed from the viewpoints of curriculum, operating body, selection method of trainee and evaluation process. To improve quality of education and training, curricula need to be diversified and specialized. The correctional education should be recognized as a progressive and effective education system that provides inmates with socially acceptable skills and transferrable to the society. In addition, ways to establish in connecting various training organizations, in selecting trainees, in developing teaching methods are suggested. The importance of developing evaluation tools and employment services and institutional repletion are emphasized and new details are suggested.
6,400원
9.
2003.12
구독 인증기관 무료, 개인회원 유료
The Korean Corrections-Social Protection system aims at securing the custody of convicts and, at the same time, rehabilitating criminals. The system is divided into two different organizational structures: the correctional structure and the social protection structure. The former consists of detention centers, prisons, and the recidivists center. The latter consists of probation and parole offices, juvenile training schools, the center for classification and assessment of delinquents, and the center for mental disorder inmates. This article attempts to have a glance look at the problems of current organizational structures and their performance and provides recommendations to resolve the issues they have confronted. For the correctional component, the suggestions are first to establish an independent administrative entity called the Central Correctional Agency to give more flexible power and authority to the correctional officers and to make a law concerning to the status and power of correctional officers. For the social protection component, I suggest that the juvenile protection officers should be more professionalized, and that more individualized treatment is required for juvenile delinquents. In addition I also recommend that the number of probation officers should be increased and the probation programs should be more diversified.
6,000원
10.
2003.12
구독 인증기관 무료, 개인회원 유료
This article studied on the community service order in Korea. Community service order is designed to enable the government to save the budget by isolating criminals from the society, and this system protects less serious offenders from learning new skills for the new crimes from old offenders in the correctional office by being held together at one place. Community service order has well established. especially in recent years we attained a remarkable result by this system in the criminal policy. in practice, however, there are some problem to improve the use community order service system more efficiently, the most critical problem is about probation officers. to polish and enforce this system, we should train and develop the professional manpower, such as probation officers. The next problem is probation officer needs to develop community service order programs to give criminals more chance to participate in these programs positively. Finaly, our a warm affection for the criminals will lead community service order to the success.
8,300원
矯正實務論文
11.
2003.12
구독 인증기관 무료, 개인회원 유료
5,400원
