Japan's prisons were run according to the Prison Law of 1908, the product of an age in which the Emperor was sovereign, and the administrative directives whose primary intent was disciplinary. in 1982, the japanese government embarked upon a process of revising the Prison Law according to a self-declared policy of "codification, modernization and internationalization," A Penal Facility Bill was submitted to the national Diet(parliament). But this bill was entirely unacceptable because not only does it perpetuate the present rules and policies presently in force in prisons but has been presented as a package with a Police Detention Facility Bill which perpetuates the infamous Daiyo-kangoku, that is police station cells used as substitute prisons. The Japan Federation of Bar Associations(JFBA) had strongly opposed the two detention facility bills on the ground that they institutionalize the already prevailing order in Japan's penal institutions, and they are not in keeping with principles of codification, modernization and internationalization. Thus far, the legislation package had been presented unsuccessfully three times to the Diet. After the Nagoya-Prison case in 2003 the Ministry of Justice has been working to revise the Prison Law and submitted a bill on criminal institutes and the treatment of convicted inmates, which was designed to replace a part of the Prison Law, to the Diet on March 14, 2005. And the Bill finally cleared the Upper House on May 18, 2005. This act excluded the provisions pertaining to unconvicted inmates as the JFBA had been strongly urged. In addition, recommendations by the Administrative Reform Council were well reflected in the bill, even though there were several points remained to be improved. And during the deliberation in the Lower House, 4 items were modified, including that the new law should be reviewed in 5 years. With respect to the provisions of the Prison Law relating to unconvicted inmates including use of Daiyo-Kangoku, they remain as a law on the detention of crime suspects in criminal institutes until they are revised at next legislation. In this regard, the JFBA, the Ministry of Justice, and the National Police Agency are going to hold joint meetings.

Ministry of Justice in Korea established an 『Act of International Transfers of Prisoners』 in December 2003 and joined to the 『Convention of the Transfer of Sentenced Persons』 agreed by Council of Europe this year. This will enable Korean government to bring Korean nationals who serve their criminal sentences in foreign countries into Korea and, at the same time, to transfer foreign prisoners who serve their sentences in Korean facilities to their homeland. The purpose of the international transfers of prisoners is to bring the nationals who serve their criminal sentences in foreign countries into the homeland to minimize the suffering from cultural differences such as language, food and custom that exacerbate the harshness of confinement. The procedures of international transfer of prisoners can be summarized as follows; First, the prisoners must give an agreement on their transfer to the homeland. Second, the offence that resulted in a given sentence in a foreign country must also constitute an offence by a relevant domestic law Third, two corresponding countries must agree on the transfer of prisoner on an individual basis. Fourth, after transferring to the homeland, the prisoner must serve the remainder of his sentence in a domestic facility. Finally, the decisions of release on parole or pardon must rely on the domestic legal criteria. By introducing the system of transfer of prisoners among different countries, correctional policy in Korea shows a great advance in terms of the values of rehabilitation and reintegration as well as protections of prisoner's rights. Not only practitioners but also scholars in this field should show their interests in this subject.

This study treats the Prisoners’ Rights to contact with (to ask an interview with, and to correspond with) the outside World of the Prisoners. In other words, the purpose of this study is to indicate the Prisoners' Fundamental Rights in the constitution and the difficulty of interpreting the law about Prisoners' Rights. This study on Guaranteeing the Constitutional Rights of Prisoners discusses many topics and problems treated by many countries' laws and rulings, pertinent to Prisoners' Rights and those limit, especially in the light of history of in the Germany, in the Japan and in the United States. throughout the history of corrections of that country, Prisoners' Rights had comparatively few rights. Discussing the Inmate Rights are frequently seen by the public as unnecessary expenses and luxuries. Maybe the court's reluctance to interfere with prison management stemmed from the belief that such intrusions would only make the administration of correctional facilities more difficult to correct effectively. Prisoners Rights 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. The Prison Act must stipulate to what degree Prisoner's Rights may be restricted as well as how assistance can be received when those rights are violated. To solve these problems, the following are proposed. The penal system must be able to address the complaints of prisoners (on Guaranteeing the Constitutional Rights of Prisoners ,named the prisoners’ Rights to contact with the outside World of the Prisoners)according to law, and there must be more flexibility in the operation of prison affairs.

본 연구의 目的은 우리나라 청주여자교도소 矯正施設에 수용되어 있는 女性無期受刑者들(34명)의 사회인구학적 特性과 교정실무상에 있어 수형자의 地位에 관하여 분류, 제시함을 목적으로 하고 있다. 본 논문은 矯正에 있어서 性認知的 觀點 土臺에서 性的 弱者이자 矯正分野에 있어서의 소수자인 女性無期受刑者에 관하여 실무적으로 再構成하여 體系的으로 모색하는 것으로 意義있는 硏究라고 할 것이다. 최근 6년간 우리나라의 女性無期受刑者에 관한 受刑現況 統計에 따르면, 2004년 5월 27일 현재 40명선을 유지하고 있다. 본 연구의 조사기준 당시보다 女性無期受刑者가 17.6%(빈도 6)가 증가한 것으로 나타났다. 여성무기수형자의 사회인구학적 특성을 다음과 같이 요약하였다. 年齡別 分布는 40대가 38.2%로 가장 많았으며, 이들의 평균 연령은 45.6세, 血液型은 O형이 43.8%로 가장 많으며, 평균 수형기간은 8년3개월이었다. 여성무기수형자들의 신봉하고 있는 대부분의 宗敎는 基督敎로 73.5%였으며, 학력은 高卒이 29.4%로 가장 많았다. 入所前의 결혼상태는 旣婚이 62.5%로 가장 많았다. 이들의 經濟生活水準은 中流生活(73.5%)이라는 특징을 이루고 있다. 罪名別로 볼 때 殺人罪가 88.3%를 차지하였다. 최초의 家出 평균 연령은 16.8세(6명, 18%), 최초 飮酒 평균연령은 24세(27명, 80%) 이었으며, 폭력조직에의 가입사실은 한 명도 없었다. 여성무기수형자의 취미․특기를 보면, 음악 감상과 요리이며 각각 26.5%로 가장 높은 응답을 보여주었다. 身體的 精神的 障碍가 있다는 응답은 8.8%(3명)이었다. 여성무기수형자의 지위로는 첫째, 特別團束의 대상자이며 둘째, 逃走 等 主要 矯正事故防止 管理對象者이다. 셋째, 敎育․敎化에 있어서의 地位는 受刑者敎育生 選定․精銳職業訓練生 選定, 敎化受惠 對象者 등에 있어 制限的 地位에 놓여있어 各種 處遇에 있어 不利한 入場에 있다는 것을 확인하였다. 女性無期受刑者의 處遇에 있어서 改善方向으로는 무기수형자의 필요적 가석방제도의 신설이 필요함을 강조하였다. 無期受刑者에 대한 各種 處遇制限을 발전적으로 撤廢되어야 함을 강조하였다. 본 연구는 우리나라의 女性無期受刑者에 대한 最初의 硏究라는 점에서 意義있는 연구라는 意味를 부여할 수 있을 것이다.

The purposes of this study are to suggest issues to provide more effective vocational training of inmates by investigation differences in training system between Korea and United States. Current training systems are analysed from the viewpoints of operating body, curriculum and performance measurement. The Bureau of Prisons(BOP) in both counties has long recognized the importance of vocational training as an opportunity for inmates to improve their knowledge and skills and to support successful integration into the society. While American BOP establishes open network with other administrative bodies and professional institutes to ensure quality of training, Korea BOP carries out training independently. In addition, in many cases, American institute starts with needs assessment to provide more suitable training based on the level of inmates and try to measure performance results. According to the Federal Bureau of Justice, There is an inverse relationship between recidivism rates and vocational training. The more training received, the less likely an individual is to be re-arrested or re-imprisoned. To improve quality of vocational training of inmates, Korean BOP needs to cooperate with other government bodies and to establish open training network by including professional institutes. In addition, the benefits of vocational training should be measured and publicized to ensure quality of training and to secure funds for inmate vocational program. Furthermore, various job placement programs should be accompanied to provide smooth transition to the society.

As long as convicted prisoner is a citizen of the nation, his/her fundamental human rights must be guaranteed to the maximum extent in accordance with the constitutional spirit within the range of not becoming a barrier to accomplish a legitimate penological purpose. When we put too much emphasis on protection of human rights of prisoners insomuch as to disturb and violate the correctional order and regulations, however, it would not only cause life and physical safety of both prisoner and correctional officer to be threatened but to make eligible prisoners unable to return to society through correctional and reformative activities, which are basic and valid penological objectives, and also correctional institute unable to detain an offender in custody that is a premise of imprisonment. Therefore, it is required to accomplish the ultimate penological goals so much as to make convict return to society, while the state should guarantee human rights of prisoners, and, at the same time, firmly establish correctional orders. But there are contradictory relationships between protection of convict rights and establishment of correctional orders, so that problems have risen in due course from the perspective of how to achieve harmonization between the two. Then, it would not be too much to say that to maintain discipline and order in correctional institution up to an appropriate level is the most basic premise for penological practices. In this sense, it can be said that to establish correctional orders in a firm manner is essential for penological practices. If discipline and order is exceedingly strict in observance, however, convict will merely become an object to be controlled, thus that it would be not only difficult to achieve certain expected effects of correctional goals but to bring about worries to infringe human rights because of unwanted limitation of fundamental rights of individuals. So then, it is thought that to set up balanced relations between human rights protection and establishment of correctional order by harmonizing tensive relationships in between is an important task in contemporary correctional practices. In any case, limitation of fundamental human rights of convict, however, should not cross boundary that has been set in order to maintain an orderly prison life having secured physical custody of convict.

This study treats the distinction between the prisoners' rights and mere priviliges. In other words, the purpose of this study is to indicate the prisoners' fundamental rights and difficulty of interpreting the law about prisoners' rights and to show the complex environment in which corrections exist. This study discusses many topics and problems treated by many countries' laws and rulings, pertinent to prisoners' rights and those limit, especially in the light of history of in the United States. Because throughout the history of corrections of that country, prisoners' have had comparatively few rights. Maybe the court's reluctance to interfere with prison management stemmed from the belief that such intrusions would only make the administration of correctional facilities more difficult to correct effectively (so to speak hands-off doctrine). Discussing the Inmate rights are frequently seen by the public as unnecessary expenses and luxries. Reflecting this kind attitude, for a long time the special penal-servitude relation theory had affected the theory and judiciary of western world, in the continental as well as in the anglo-american legal system. Today none upholds this old pattern theory, instead every citizen, including prisoners, has the catalog of inalienable rights. Consequently every government can restrict those rights reasonably related to interfere with legitimate penological interest, or legitimate penological objectives of the prison environment.

노인수형자들의 숫자가 증가하고 이에 따른 교정비용의 증가에 따라 선진국들은 노인수형자 문제에 관심을 가지고 처우나 프로그램 개발에 대한 관심이 높아지고 있는데, 한국에서는 이제 관심이 시작된 초기단계라 볼 수 있다. 지금까지 노인수형자들의 신체적 건강문제에 더 초점이 맞추어져 있으며, 정신건강 문제는 소홀히 다루어지고 있다. 그러나 심리적 스트레스는 질병과도 밀접한 연관이 있는만큼 노인수형자의 심리적 문제에도 관심을 기울여야 한다. 심리적 문제가 해결되지 못하고 축적되면 교도소 내 적응에 어려움을 겪게되어 사고를 일으키기도 하며, 더 나아가 정신질환으로 진행하게 된다. 노인수형자들은 젊은 수형자들과 달리 특징적으로 우울증이 가장 높으며, 이밖에 치매나 교도소화 문제가 나타나고 있다. 또한 가족관계의 약화, 빈곤, 그리고 심리적 불안정 등으로 재범율이 높으며 출소 후에도 사회에 적응하지 못하고 다시 교도소로 들어오는 경우가 있다. 교정치료 프로그램은 재범방지에 효과가 있다는 것이 검증되었다. 따라서 본 논문은 노인수형자들의 심리적 문제를 해결하기 위한 방안을 모색하는데 목적을 두고 심리치료 프로그램을 개발하였다. 구체적인 목표는 스트레스 관리능력을 증진시키고, 자아통제감과 대인관계기술을 향상시켜 우울증을 감소시키는 것이다. 이를 위해 인지행동치료, 스트레스 관리훈련, 회상요법을 적용시켜 노인수형자에게 효과적인 집단심리치료 프로그램모형을 개발하였다. 프로그램의 효과성을 검증하지 못한 제한점이 있으나, 노인수형자의 심리적 문제의 심각성을 고취시키고 심리치료방안을 모색한 첫 시도로서의 의의가 있다고 본다.

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.

Nowadays drug is common problem all over the world and has been a main concern of mankind. The abuse of drug could cause individual and national, social, and economic problem. It has been recognized as the worldwide and imminent task to solve the drug problem. The number of drug-related crimes in Korea exceeds 10 thousands for 3 years and the population of chronic drug addicts is over 20 to 30 thousands, which means passive drug policy meets the crossroads. The diffusion of drugs reflects the insensibility of drug problem in the community. It can be said that the fear and harm of drug have not been regarded as serious as the past in the community in that drug abusers can be easily found among the students, housewives, salary men, professors and politicians. In the past the main drug was hashish but now the kinds of drug are changed such as philopon, ecstasy which have strong toxication. This trend reminds us that drug users are no more afraid of the adverse effects of drugs. The most serious problem is that many addicts are found among young people. As the price of drug is down so young people can easily contact to the drug and the age of young people who start to use drug becomes younger. Drug and hallucinations among young people have been used without recognition of harm caused from the drug and can be prevailed easily because of the strong infection. Drug use usually leads to violence, theft, sexual crime and sleeping in group among young people. The policy against drug should be implemented differently from the past. Especially in the drug case of an entertainer it can be recommended that the case should be treated differently with the consideration of the effects on the young people. It is important to educate young people about the harm of drug abuse. Law enforcement agency should not satisfy just catching the drug users but pursue drug manufacturer and drug dealer to the end to eradicate the drug abuse. Together with control and punishment the systematic treatment should be done. There should be medical treatment facilities and treatment program which provide aftercare program for the drug offenders. In terms of criminal policy drug offenders can be classified as drug users, drug manufacturers and drug dealers. Among drug users they can be classified as slight and heavy addicts. For the slight addicts they should submit a memorandum which says "I will not take drug" and then sentence probation or community service order to give another chance to be rehabilitated. For the heavy addicts they can be considered as patients who need treatment instead of putting them into the prison and should be sent to the special treatment center to get fundamental treatment and rehabilitation. For the drug producers and dealers there should be harsh punishment in that they commit crimes for their own profit and have done serious harms to the people, society and the entire nation. In fact drug offenders held in prison together are classified and accommodated differently from the other inmates and they do not have many things to do. In their cell they spend time talking to each other specially slight addicts with sexual topics and it may lead them to serious addicts. They could exchange the knowledge of drug-related crimes during their stay in the prison and contact each other and then commit a crime together after release. Accordingly this study will discuss reasonable and efficient treatment for the drug offenders held in prison. First, as general notion the study will find the differences between drug and kinds of drug, the characteristics and adverse effects of drug and analyzes the actual situation. Secondly, to understand drug offenders more the thesis studies the procedure of drug addiction and theoretical part of addiction. Thirdly, the study analyzes the present treatment system. Fourthly, based on the questionnaire the study will discuss the thought of drug offenders, treatment program and aftercare program and fifthly based on analyzing the questionnaire of medical officers it explains the thoughts of medical officers and inmates. Finally it will suggest the most reasonable alternative measure which will be useful for preventing drug offenders' re-offence and leading them a sound community member.

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.

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.