矯正硏究 KCI 등재 교정연구 Correction Review

이 간행물 논문 검색


제17호 (2002년 12월) 13


2002.12 구독 인증기관 무료, 개인회원 유료
In recent years most of correctional experts in Korea have worried about a "crisis in corrections" which followed a dramatic increase in prison population during the last four years since IMF impact. According to the Government's statistics, right after the economic crisis in 1998 the number of inmates has been increased almost 14.7%, achieving a record number surpassing 68,000 which is comparable to average number of inmates (58,000) during the last seven years(1991-1997)(Korea, The Ministry of Justice, 2001). Therefore, I am concerned about this crisis of correction and give a serious thought on what determines the incarceration rates. This study examines the determinants of Korean incarceration rates in an international perspective during the last ten years(between 1992-2001). Multiple measures of crime, economics, social characteristics, demographics, ideology and culture, sentencing and parole policy reforms, alternatives to corrections, and institutional conditions are evaluated in light of their ability to account for the variation in incarceration practices. The analysis will reveal that some of the variables above mentioned are associated with imprisonment. I assume that the four factors having the greatest direct impact on incarceration in korea will be the crime rate, sentencing and parole policy reforms, and institutional conditions.
2002.12 구독 인증기관 무료, 개인회원 유료
This study deals with how the Korean open treatment for prisoners in the 21st century should be implemented effectively. For this study, the historical trace of criminal policy theories and the correctional policies in Korea and the open treatment system in some other advanced countries were reviewed. The open treatment such as open facilities, work release system etc. has been extensively used in the developed countries and it has been generally successful in rehabilitating inmates effectively. In this context, the purposes of this study are to evaluate the current practices of the open treatment in our country and to make some recommendations for their improvement. In conclusion, this study aims at offering the progressive policies for the future open treatment system in Korea by searching for the effective and innovative programs based on my field experience of corrections for a long time.
2002.12 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.
2002.12 구독 인증기관 무료, 개인회원 유료
우리나라에 있어서 2001년 1월 28일에 법률 제6206호로 민영교도소등의설치ㆍ운영에관한법률이 제정되었다. 이 법에 제정되기 이전에 교도소의 민영화가 타당한지 여부와 관련하여 상당한 논란이 존재하였다. 하지만 이제는 이 법이 제정된 이상 현시점에서 중요한 문제는 앞으로 어떻게 이 법을 적용하고 그로 인한 문제점을 해결할 것인지 여부다. 이러한 관점에서 민영교도소의 역사가 일천한 우리나라법제에 있어서는 외국의 경험을 빠짐없이 주시할 필요가 있다. 그 중에서도 민영교도소의 역사가 오래되었고 이와 관련된 사례가 풍부한 미국의 경험은 우리나라의 민영교도소가 앞으로 겪을 시행착오를 줄이는 데 도움이 될 것으로 믿는다. 미국의 민영교도소를 주제로 한 국내문헌이 여러 편 발표되어 있는 현실에서 본고는 미국의 민영교도소와 관련된 법적 쟁점을 중심으로 논의한다. 이러한 쟁점에는 다음의 세 가지가 존재한다. 그 첫 번째 쟁점은 교도소의 운영이 오로지 정부기능이기 때문에 민간기업에 위임이 불가하다는 이유로 교도소민영화를 인정하는 법률이 위헌인지 여부다. 본고는 이 쟁점에 대하여 교도소민영화를 인정하는 법률이 위헌이 아니란 것을 논증한다. 그 두 번째 쟁점은 민영교도소의 수용자가 정부가 운영하는 교도소의 수감자와 동일한 헌법상 보장된 권리를 누릴 수 있는지 여부다. 이와 관련하여 각종 테스트는 민영교도소의 수용자가 정부가 운영하는 교도소의 수감자와 동일한 헌법상 보장된 권리를 향유할 수 있다는 점을 입증한다. 교도소민영화를 인정하는 법률이 합헌이고 민영교도소의 수용자가 정부가 운영하는 교도소의 수감자와 동일한 헌법상 보장된 권리를 향유한다면 정부공무원에게 일반적으로 적용되는 면책규정이 민영교도소의 교도관에게 확대 적용할 수 있는지 여부가 세 번째 쟁점이다. 이 쟁점과 관련하여 본고는 민영교도소의 교도관이 제1983조에 따른 소에서 제한적 면책을 받을 수 없다는 것을 판례를 통하여 설명한다. 하지만 본고는 민영교도소에 대한 이해를 돕기 위하여 우선적으로 민영교도소의 역사를 다룬다. 여기에서는 미국에 있어서 민영화에 대한 일반론 및 민영교도소의 역사를 함께 고찰한다. 그런 다음 미국에서 주장되어 온 교도소의 민영화에 대한 찬반론을 소개한다. 그리고 전술한 바와 같은 세 가지 쟁점을 집중적으로 논의한 다음 결론을 내린다.
2002.12 구독 인증기관 무료, 개인회원 유료
Als die letzte Notmaßnahme der Kriminalpolitik ist die Sicherungsverwahrung die fragwürdigste Maßregel des Strafrechts. In Deutschland ist die Sicherungsverwahrung stärker an dem Bemühen orientiert worden, nur wirklich gefährliche Täter zu treffen. Die Wirklichkeit der Sicherungsverwahrung entspricht gegenwärtig in Korea nicht dem Bild einer Maßregel zur Bekämpfung der schwersten Kriminalität. So befanden sich in Korea durchschnittlich 2000 Personen in der Sicherungsverwahrung. Davon 75-80% der Verwahrten wurden wegen einfacher Vermögensdelilte(Diebe, Betrüger) verurteilt. Dies ist rechtsstaatlich unhaltbar. Auch in Deutschland findet man eine ähnliche Entwicklungsgeschichte. Die empirische fundierte Kritik an der früheren Praxis der Sicherungsverwahrung hat durch die Neuregelung vom 1.4.1970 zu wesentliche Verschärfungen der Voraussetzungen für die Anordnung der Sicherungsverwahrung geführt. Diese Änderung ist Beifallswürdig. Wenn die Sicherungsverwahrung in Korea beibehalten werden soll, so sollte sie beschränkt werden auf diejenigen Hangtäter, von denen schwersten Straftaten zu erwarten sind. Hinsichtlich der begangenen Taten müssen strengeren Anforderungen gestellt werden. Auch mit diesen Einschränkungen ist die Beibehaltung der Sicherungsverwahrung nur zu rechtfertigen, wenn gewährleistet werden kann, daß den Verwahrten nur die unerläßlichen Freiheitsbeschneidungen auferlegt werden.
2002.12 구독 인증기관 무료, 개인회원 유료
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.
2002.12 구독 인증기관 무료, 개인회원 유료
This study attempts to find ways to develop more effective correctional management in Korea, by comparing crime situation, prison conditions, and the structure of correctional agencies among four different countries, the U.S., China, Japan and Germany. Based on the notion that the primary goal of the correctional institution is to prevent criminals from committing further crimes, the foremost important job of the correctional management lies in developing more efficient operation of in-prison treatment programs. According to this understanding, this article examines the aspects of correctional education, work programs within facilities and the reward-punishment system, healthcare, devices for protecting inmates' human rights in Korea and compares them with those of four other counties. And then the study derives some weak points that the Korean correctional organizations faces and suggests how to improve the current situation.
2002.12 구독 인증기관 무료, 개인회원 유료
This paper was focused on the pressing issues of the U.S. correctional system. The outlines of the paper is as follows: Chap. 1. Introduction, Chap. 2. The Development of Corrections in the U.S., Chap. 3. The Organization of Corrections in the U.S., Chap. 4. Issues in the U.S. Corrections, Chap. 5. Concluding Remarks. The findings can be summarized as follows: From the colonial days to the present in the United States of America, the methods of criminal sanctions that are considered appropriate have varied. The development of the penitentiary brought a shift from corporal punishment. The Pennsylvania and New York systems were competing approaches to implementing the ideas of the penitentiary. The Declaration of Principles of 1870 contained the key element for the reformatory and rehabilitation models of corrections. The administration of corrections in the United States is fragmented in that various levels of government are involved. Jails, which are administered by local government, hold persons awaiting trial as well as sentenced offenders. Prison populations have more than doubled during the past decade. There has also been a great increase in facilties and staff to administer them.
2002.12 구독 인증기관 무료, 개인회원 유료
This study is focused on the process of community resource building for the protective and corrective agencies. Because of lack of skills and funds at these agencies, it becomes known that various resources should be mobilized from the community to enhance the capacity of those correctional institutions. The mobilization of community resource is much required not only for the high quality of programs but also for the development of the participants. In the study, social exchange theory and some concepts including voluntary are mentioned to rationalize the process of community resource building. Also three cases are introduced as the community resource building in the field of corrections. A model of community resource building for the protective and corrective agencies is developed based on the theory and those concepts. Community resource building could be processed through the following levels; assessment, recruitment, training, application, and evaluation. Specially, community resource building should be emphasized to reward the participants for their efforts. Furthermore, community resource building is an important independent program from the main program which is to be conducted at the correctional centers. The model of community resource building developed in this study needs to be applied at the correctional institutions to make up for the weak points.
2002.12 구독 인증기관 무료, 개인회원 유료
본 연구는 범죄자들의 공통심리를 파악해서 범죄예방의 방안은 모색함에 있다. 범죄자들은 범죄행동을 시작으로 구속되고, 교도소 생활을 거쳐서 출소를 하는 과정을 밟아 간다. 이 과정은 크게 4등분으로 나뉘어지며, 각 부분에서 범죄자들은 공동심리를 갖는다. 첫째, 범죄자들은 범죄를 저지르기 전에 완전범죄를 기대한다. 둘째, 범죄자들은 범행 직후 범죄자가 되었다는 사실에 두려움에 사로잡힌다. 셋째, 범죄자들은 교도소 생활을 하면서 자신의 범행을 합리화한다. 그리고 마지막으로 범죄자들은 출소에 앞서서 재범의 두려움에 사로잡힌다. 각각의 공통심리는 범죄자를 직접적으로 다루는 경찰관과 교도관에게 특별한 암시를 준다, 첫 번과 두 번째는 경찰관에게 그리고 셋째와 마지막은 교도관에게 관심을 모을 것을 제안한다.

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2002.12 구독 인증기관 무료, 개인회원 유료
2002.12 구독 인증기관 무료, 개인회원 유료