The fundamental purpose of modern correctional treatment can be to surely make convicts return to society through individualization of treatment. However, it seems individualization of treatment may not be so helpful for convicts in returning to society unless it is the most appropriate and rational individual treatment that considers their property and character on the basis of exact understanding on each convict. Especially, as individual personality and property is emphasized and persons with different view of life, view of world and sense of value are living together nowadays, it seems almost impossible to return convicts to society merely through individualization of treatment, ignoring the fact that ‘proper sphere of character’ exists. Thus, seeking the method of correctional treatment appropriate to the age of individualization like the present time seems to be the most important task of modern correctional administration. The concept of individualization of treatment can be said to be established on the basis of ‘rational sense of human being’ that has ruled so far since the 17th century. Rational sense of human being may be image of human being that overlooks the fact that ‘proper sphere of character’ unique to each person obviously exists by grasping human being merely with abstract concept that human being is 'free and rational individual.' However, returning convicts to society through individualization of treatment based on rational sense of human being will be inevitably subject to regular limit. Therefore, it seems that so-called ‘personification of treatment’ is necessary which is based on the premise that each person has ‘proper sphere of character’ in the age of individualization like the present time. Needless to say, it may not be so easy to clearly define what ‘personification of treatment’ is and what it should be. Thus, it may be necessary to first find method to secure conversation and trust between characters or between individual character and community (society or correction authorities) before defining the concept of ‘personification of treatment.’ It is true that the correctional treatment has treated convicts not as ‘principal of correction’ or ‘partner of conversation’ but as ‘object of correction’ or ‘object of treatment’ thus far. I think that this is why so-called ‘personification of treatment’ is not realized which considers the property and character of convicts, based on the exact understanding on each of them. Therefore, in order to efficiently achieve the purpose of returning convicts to society in the present time, it is required to recognize convicts as ‘principal of correction’ or ‘partner of conversation’ and to enforce ‘personification of treatment’ on the basis of the fact that they also have ‘proper sphere of character.’
To the general public, the term 'corrections' is unerstood as synonymous with punishment. In our country, it was not until 1961 that the name 'prison' was changed to the 'corrections center' and 'prison officer' to the 'correctional officer'. Corrections is the portion of the criminal justice system which should be charged with carrying out the sentences of the courts, especially specifying the contents of punishments and probation services, community services, day reporting centers, electronic monitoring programs, intensive supervision programs, jails, parole services, and half way houses. Furthermore, specific elemennts of corrections are designed to handle juvenile offenders only. The primary purpose of corrections are retribution, deterrence, incapacitation and rehabilitation. Which of these purposes is emphasized and accepted is dependent of the attitute of the scholar. With the complexity of corrections, there are four correctional ideologies that influence and guide the our correctional services : punishment, control, treatment and prevention. Punishment is associated with the justice model, control is associated with the custodial model, treatment is associated with the medical model, and prevention model is associated with the reintegration model. These diverse models have been reflections of the viewpoint of social solidarity, class interest, moralizing social institution in a given age and country. Criminology that contributes to society in a variety of ways, commenting three aspects ａ) a knowledge base from which to debunk crime myths, ｂ) the advancement of policy recommendations, ｃ) evaluation research, must give root and materials of those models positively and adequately. And then a given model should not be undisputed. Criminal policy is deeply interconnected with the interdependence of corrections and criminology.
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.
Since last year, the protection of crime victims in criminal justice has become hot issues among scholars and practioners in Korea. The Ministry of Justice has made a draft of 'Law on the Protection of Crime Victims' and submitted to National Assembly. The National Assembly is expected to pass the draft in the regular session of 2005.
The contents of this study is as follows;
II. The Concept of Crime Victims
III. The Protection of Crime Victims in Correction of the U.S. A
1. History and Background
2. Reporting of the Treatment of Offenderst to Victims
3. Protection of Victims from Revenge
4. Reporting of the Offenders and their Crimes to Community
5. Parole Board's Hearing on the Crime and their Victms
6. Strengthening of Restitution
7. Victim-offender Dialogue
8. Education of Offenders
9. Implication to Korea
IV. Reporting of the Treatment of Offenders to Victims
1. The Present Conditions
2. Comparative Study
V. Offender-Victims Dialogue
2. Comparative Study
In this study are emphasized that the measures must introduced and developed to protect crime victims from the second or third victims and to prevent future victims of persons or community. For this purpose, 'The Law on the Protection of Crime Victims' must be legislated as soon as possible and many reasonable measures must be studied and introduced which are being enforced in other countries such as U.S.A, Germany, England and Japan.
전체 형법범 중 소년 형법범의 비중은 감소하고 있으나 소년 강력범의 비중은 오히려 증가하고 있는 실정이다. 그동안 사법당국은 다이버전 정책에 따라 가능한 소년사범에 대해 형사적 재재 보다는 선도와 보호정책을 견지한 것이 사실이다. 그러나 공식통계를 분석한 결과 소년 강력범의 비중이 점차 증가추세에 있고, 재범의 비중도 높아 현행 사법처우에 한계가 있음을 보여준다. 소년 강력범은 범행성향이나 피해자에게 미치는 영향, 그리고 해당 소년의 인격성장에 미치는 영향이 다른 범죄 보다 심각함으로 차별화된 사법처우가 필요하다. 따라서 첫째, 경찰과 검찰의 단계에서의 전담제, 그리고 소년법원의 설치 및 이에 따른 검사선의주의와의 조화, 둘째, 소년의 개인적 특성과 환경에 대한 철저한 조사를 위한 소년분류심사원의 기능강화 및 검찰이 기소하는 소년 강력범에 대한 환경조사 등의 필수적 실시, 셋째, 소년원학교의 획일적인 특성화 교육과정을 지양하고, 소년 강력범에 적합한 보호와 교육과정의 시행, 넷째, 전자감시제, 병영훈련캠프 등의 다양한 보호관찰 제도 운용 등의 대책을 제시하였다.
The genuine probation system was finally activated in the late 80s as probation offices were established and probation officers in charge of overseeing and helping people on probation are secured. Especially, the introduction and implementation of the probation system for the juveniles in the late 80s can be appraised as the most epochal development in our probation history Our probation officers have been experiencing lots of stresses largely due to problems of payment and promotion and specialization. The survey shows that those probation officers who suffer much more stress came from promotion, payment, and work overload. And so, that when probation officers perceive stresses, it gives negative effect on probation officers' job satisfaction and furthermore affects their mind of change of occupation. Accordingly, we should find the way how our probation officers can less perceive stresses even though there are stress factors around them so that we can promote the efficiency and effectiveness of probation manpower and quality of probation service. This will eventually help to achieve the development of probation organization.
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.