교도소 내 수형자들의 고발사태로 근무하기 어렵다는 교정공무원들의 불평이 늘어 가고 있다. 이런 현상은 수형자들의 인권신장에 관심이 높아지면서 나타난 결과들이다. 이런 즈음에 수형자와 교도관들의 심리-역동적 관계를 규명해서 양자의 상호 영향을 검토하는 것은 교도행정에 많은 도움을 줄 수 있다고 기대된다. 수형자들을 통제, 지시하는 교정공무원과 그런 힘의 영향을 받는 수형자들은 모두가 재 사회화라는 공동목표를 향해 가고 있다. 그러나 한편은 힘을 행사하고 다른 한편은 힘을 받아 들어야 한다. 그래서 양자 사이에 힘이 존재하지 않는다면, 교도행정은 비효과적일 수밖에 없다. 힘은 보상, 강압, 합법, 참조, 전문성이라는 5 가지 출처에서 비롯된다. 그러나 현재 교정행정체계에서 보면, 교정공무원이 수형자들에게 영향을 미칠 수 있는 힘은 참조적 힘 밖에 없다. 수형자들에게 모범이 되는 교정공무원을 참조해서 자신을 뒤돌아보는 수형자들만이 그 힘의 영향을 받게 된다. 이런 맥락에서 보면, 수형자들의 재사회화는 전적으로 수형자 자신들에게 달려 있는 셈이다. 이런 이유에서 교정공무원이 힘을 가진 양 하며 수형자들에게 영향을 주려 하는 경우에 이들은 노여움과 혐오감을 가지고 공격적으로 대하게 된다. 교도 행정은 수형자들의 재사회화를 위해서 지금까지 수행 해 오던 근본적 틀을 전환해야 한다. 즉, 상과 벌에 의한 교도행정 보다는 인본주의에 의한 행정을 실시할 경우에 효과적인 결과를 얻을 수 있다.
Even though South Korean criminal justice system felt the necessity of treatment and rehabilitation for the drug addicted inmates, South Korea has concentrated on the punishment of them while disregarding the treatment and rehabilitation. Therefore, drug addicted inmates go back to the prison without overcoming drug temptation. 「The policy for the rehabilitation of drug related offenders(2006. 5)」 which was released by the Korean Corrections Bureau of Ministry of Justice on May 2006 is an appropriate policy for the treatment and rehabilitation of drug addicted inmates. However, it is hard to achieve some practical results only if there is a lone effort by the department which is dealing with the drug addicted inmates. Now, there should be in-depth discussions among the drug offence related criminal justice system to achieve effective results. This study examines the current status of the management and treatment for the drug addicted inmates in the correctional facilities. Based on this examination, I would like to recommend some effective ways of management and treatment for the addicted inmates. Especially, this study will provide some additional considerations for the implementation of 「The policy for the rehabilitation of drug related offenders(2006. 5)」. This study presents following recommendations: First, drug addicted inmates should be classified and segregated from the stage of un-conviction to the release from prison. Second, there should be enough medical doctors and drug addiction professionals. We can use medical doctors who are majoring psychiatry instead of mandatory military service. For the drug addiction professionals, we can educate our drug related employees at the graduate programs in drug specialized universities. Third, there should be more programs and educations for the treatment and rehabilitation of drug addicted inmates. Fourth, through the periodical inspection of the inmates, the usage of drugs in the correctional facilities should be prevented. Fifth, we need to consider the concept of community correction for the drug addicted inmates. Therefore, we can build an intermediate prison for the addicted inmates or can give more parole opportunities. Also, by the alleviation of the closed treatments using the strict correctional and educational programs, we can use more open treatments.
This study is to understand the unique experiences of female juvenile delinquents, through analysis of the characteristics on delinquency and victimization of female juvenile delinquents, and to provide the improvements of the treatment of them. For this purpose, the reseacher analyzed the survey data on juvenile delinquency and victimization from 270 female and 290 male juvenile delinquents. The extent of girls' victimization such as neglect, physical, emotional, and sexual abuse in childhood is much greater than boys'. It is remakable for difference between female and male in physical and sexual abuse. And the times of girls' physical and sexual abuse were also early than boys'. Victimization rates of the female subgroup experienced the prostitution are most great in all juvenile subgroups. This result finding supports that girls' victimization are linked with subsequent delinquent behavior. Especially sexual abused girls were inclined to have more seriousness in a variety of criminal behaviors than the control girls. They were at increased risk for prostitution. But violent offenses seem to be no difference between subgroups. These findings suggest that part of abused girls be getting to escalate to criminal offending. And they had a tendency to have a low self-esteem and physical health problems, and to consider suicide. It is that abused girls develop antisocial or delinquent lifestyles that persist into adulthood as serious criminal careers. There is no single solution to female juvenile delinquency. But, first of all, it is necessary to provide gender-specific programs for abused girls such as specialized trauma treatment. Gender-specific programs must not only consider the risk factors leading girls to delinquency, but also focus on the protective and mitigating factors that foster strengths in adolescent girls. These protective factors include 'gender identity development', 'positive relationships with women adults', 'escalating self-esteem', 'educating about sexuality', etc.
This study of ultimate purpose is that make a low rate of the second conviction through the adult rape offender's intelligence-action rehabilitation program. This program had application to the probation offenders but this kind seldom happens because this program was progressed structured group by prison or jail. But during this program was running, we could see some difficult points which are, almost offender's are prisoner under trial, they went to another jail or they released from prison. Because these are exceptional points of the prison. Following lecture is a summary of this program's result. We found that pride test's average was almost similar result in group's before-after test, but we couldn't generalize it because of the lack of examples. However, when we thought that they're pride improved during that short time, we can estimate that improve the pride program is very suitable for short period. Finally, a person who have very high psychopathy score in this program shouldn't accept without a doubt even if rise up the visible impact that a direction of researcher want.
The Ministry of Justice has revised the existing "law concerning the execution of criminal punishment" in the way that enhanced human rights for inmates and their ability for reintegration. To fulfil this goal, the authority changed the title of the law to "the Law concerning correctional facilities and the treatment for inmates and waited for legislative process. In the same context, the corrections bureau in the Ministry recently announced "The Strategic Plan for the Changes in Correctional Administration" to show its committment for innovation. This article reviewed the contents of the new law and the strategic plan, and then pointed out some limitations of these efforts. When it comes to the new law-The law concerning correctional facilities and the treatment for inmates, the contents of the law did not reach the expectation, first because there are too many exceptions that breach the basic human rights of inmates and second, the law did not make any efforts or policies to enhance the adapatability of inmates into a wider society compulsory. Instead, it allow authorities use discretionary power. As far as the Strategic Plan is concerned, it seems too idealistic. In other words, many proposed plan is hard to achieve in reality. Therefore I suggested some alternative ideas such as developing correctional programs for short-time inmates, improving living conditions in facilities, linking classification system and progressive treatment system, and increasing parolees by utilizing the probation system.
The direction of revising the Law of Criminal Punishment Execution should consider the very idea of the Constitution. In concrete, the rights of the convicted criminals should be protected in the name of their basic rights which are guaranteed in the Constitution. Many revisions have been done in the law of criminal punishment execution in a way that the law protected inmates' basic rights but still many things left untouched. Basically it is true that correctional laws tend to permit inclusive discretionary power of authorities in order to control and supervise troublesome criminals. In turn, the inclusive discretionary power gives room for authorities to overuse the power and results in the violation of constitutional rights of inmates. To resolve the conflicts between the idea that inmates have their consitutional rights and it should be protected in the one hand, and the reality that basic rights of inmates could be confined as necessary on the other hand, we should discuss more concretely about the scopes and ranges of inmates' rights and the valid criteria for limiting their rights. and the execution law should reflect this efforts.
The report of Presentence Investigation, usually conducted by a probation officer has several functions in judicial and correctional administration. Its main purpose is to serve the court in determining the sentence. The report also serves to aid the probation officer in supervision efforts during probation, parole, and supervised release Presentence Investigation System was originally developed in United States in which the court ordered the probation officer to investigate the information about the history and characteristics of the defendant. In 1988, the Presentence Investigation in the Probation Act in Korea, has been enforced only for the juvenile crime court. We now have to consider to introduce the Presentence Investigation system for all crime in other to assist the judge to determine the appropriate sentence. This Problem deals with the problems of our criminal procedure and the solution when we enact the Presentence Investigation system in our criminal procedure. Both the Judiciary and the Ministry of Justice should study to introduce the Presentence Investigation system for the people's equal right to have the proper sentencing in the criminal procedure.
Morale is a mental phenomena to work more positively and to make more productive result by expanding and concentrating worker`s mind to common purpose. This study is aimed to show the present conditions, problems and alternative measures to change the morale of correctional officers. The situations of correction in this country is associated with poor working conditions, excessive duties, poor education and training, lack of manpower and budget, low salary, consciousness of authority, and public distrust, etc and the researcher suggested counter measures on this problems.
범죄자의 행동통제를 통한 사회공공의 안녕유지는 경찰과 교정기관의 공동목표이다. 이를 달성하기 위한 협력은 상호 시간과 노력을 절약할 수 있다는 데 그 이점이 있다. 범죄프로파일링이라는 한정된 범위에서 성공적인 협력을 실현하기 위해서는 협력 가능한 분야의 확정이 매우 중요하다. 미연방수사국의 범죄자 행동분석프로세스는 프로파일링에 필요한 데이터 수집단계, 수집된 정보를 선별하여 의미 있는 유형을 조작하는 판단단계, 범행을 재구성하는 등의 평가단계, 인구통계학적 특성 및 범행전후의 행동분석을 통한 범인상 추정 단계, 수사단계, 체포단계로 나뉜다. 만약 경찰의 범죄분석관이 교정기관과 협력한다면 데이터 수집단계와 범행의 유형화단계 및 인구통계학적 특성 등을 통한 범인상 추정단계, 수사단계에서 협조가 가능하다. 가능한 협력내용으로는 첫째, 인구사회학적 가설과 신체적 특징의 가설 수립에 도움이 될 수 있는 교정기관 데이터들의 활용이 있다. 둘째, 범죄자 행동특성과 인격평가에 도움이 될 수 있는 교정기관 데이터들의 활용이 가능하다. 셋째, 범행지역과 범행지점의 공간적 정보로부터 범인의 주거지 및 근무처 등 활동거점, 범행현장 이동수단과 경로 등을 추론하는 지리적 프로파일링에 있어 협력가능하다. 마지막으로 분석기법 응용이 있다. 범죄분석관은 새로운 범행분석 기법의 도입을 위해서 경찰 이외의 행동과학에 기초한 연구방법들을 응용할 필요가 있다.