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        검색결과 2

        1.
        2002.12 KCI 등재 구독 인증기관 무료, 개인회원 유료
        The Introduction of the Criminal Treatment System such as the Community Service Order, can minimize the possibility of a second conviction by Criminals. The Community Service Order gives Criminals a chance to receive various treatment services, while living in the open society. The Community Service Order System is a meaningful method in the Criminal Policy because of its several social advantages; 1) It enables the government to save the budget by isolating Criminals from the society. 2) It protects less serious offenders from learning new skills for the new crimes from old offenders in the correctional institution by being held together at one place. Many nations have adopted this Community Service Order system and it became effective in their society. It is one of the most effective systems for correcting criminals. In Korea, this system has been evaluated as a revolutional system demonstrating the good results after being introduced in the amended Criminal Law on January 1st, 1997. However, this Community Service Order system needs to be supplemented byh the following points in order to serve society as a better correctional method for the Criminals. First, we should establish the purpose and the philosophy for enforcing the Community Service Order to Criminals. Second, we should educate and train the professional manpowers, such as probation officers, to polish and enforce this system. Third, we should not only make very clear and restricted punishments for the Criminals violating the Community Service Order, but also give a consideration to them for performing it positively. Finally, we should make it into a law to perform the Community Service Order within a certain period of time after receiving the order from the court, and the probation office should develop various Community Service Order programs to give criminals more chances to participate in these programs positively. Through these opportunities, we are able to make Criminals feel like a member of Society who should obey the law and public morals, and to assist them returning back to society as normal, not Criminal, with this Community Service Order system.
        8,100원
        2.
        2001.12 KCI 등재 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