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수형자의 외부통근 KCI 등재

Contact with the outside World of the Prisoners - especially, a study on Work Release Programs For Prisons Inmates in Korea -

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矯正硏究 (교정연구)
한국교정학회 (Korean Society For Correction Service)
초록

This study treats the Prisoners’ Rights(Work Release) to contact 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. The 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 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, and sametime, it is frequently seen by the public as unnecessary expenses and luxuries to discussing the Inmate 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. 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 a Prisoner's Rights may be restricted as well as how assistance can be received when those rights are violated. Work Release Program is a chance for Inmates to test ther work skils and pesonal control over ter behavior in the community, and it allows them to spend to major part of the day away from the prison To solve these problem(Work Release Program), 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 of Work Release Program according to law), and there must be more flexibility in the operation of prison affairs.

목차
수형자의 외부통근
  Ⅰ. 머리말(문제의 제기)
  Ⅱ. 외부통근의 입법례와 현황
  Ⅲ. 문제점과 개선방안
  Ⅳ. 맺는말
  Abstract
저자
  • 박영규(경기대학교 법학과) | Park, Young-kyu
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