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형사정책학적 관점에서의 책임주의와 보안처분의 관계에 대한 고찰 KCI 등재

A Study on the Relations between the Responsibility System and the Public Preservation Measure in a Point of View of the Criminal Policy

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  • URLhttps://db.koreascholar.com/Article/Detail/349170
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矯正硏究 (교정연구)
한국교정학회 (Korean Society For Correction Service)
초록

The Public preservation measure is a Kind of legal sanctions other than criminal punishments, which is to be imposed on a person who should be protected, because of his (her) future risk on the ground of his(her) behaviors open to the public, for the main purpose of giving medical treatment or educating or reinstating. Therefore in the view of a possibility of risk according to the responsibility, generally a criminal punishment has been understood as a treasure of peace preservation. That is to say that a criminal punishment is a retributive justice to a crime based on the responsibility, on the other hand the public preservation measure is a legal sanction for the social protection as well as his(her) correction and education related with social danger. A sharp line between the two legal viewpoints mentioned has been drawn. Accordingly as mentioned above judging from this point of view of distinction between a criminal punishment and the public preservation measure, the responsibility system is to be linked with a criminal punishment, but is not to be linked with the public preservation measure. For all that recently a view that the public preservation measure is able to be imposed even to the matter of responsibility has been on the rise. So the purpose of this study consists in the matter of the theory that the enforcement of preservation measure even to the responsibility is possible or not. In other words, it's a question that whether the responsibility system and the public preservation measure can be linked, if possible, how is it coming along with each other and if not possible, for what reason is it? On such problems a study has been pursued from the point of view of the criminal policy.

키워드
목차
형사정책학적 관점에서의 책임주의와 보안처분의 관계에 대한 고찰
  Ⅰ. 서론
  Ⅱ. 보안처분과 형벌의 목적
  Ⅲ. 상습범인 처우와의 관련
  Ⅳ. 형벌과 보안처분의 구별
  Ⅴ. 부정기형과 중첩적 이원주의의 가능성
  Ⅵ. 결론
  參考文獻
  ABSTRACT
저자
  • 金仁善 | 금인선
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