The Korean Penal Execution Act has been revised several times for the purpose of strengthening the ability of adaptation to a society for prisoners. This article has reviewed major issues of the draft for revision and analyzed the propriety of the issues. The paper addresses the issues in sequence of the draft for revision and they are as follows: First of all, it explores an extension of human rights for prisoners, such as the issues of security level of correctional facilities, construction criteria of correctional facilities, duties of the head of prison, freedom of religion in prison, freedom of writing, kinds of protective equipments, kinds of punishments, consideration of minority and the social weak, declaration of presumption of innocence of the convicted, and the principle of sole internment for a person who is sentenced to death etc. In particular, the government has to provide adequate medical facilities for a prisoner's needs Moreover, prison officials may be obligated to provide continuing medical treatment to newly released prisoners until the prisoners are able to obtain medical care on their own. In sum, prison officials should not interfere with a prisoner's exercise of fundamental rights of constitution unless the interference is reasonably related to a legitimate penal interest, nor may prison officials retaliate against a prisoner for exercising such rights. Second, it discusses the issue of extension of external communications and reinforcement of the ability of adaptation to a society. For example, the right of access, the right of use of mails, and telephone communication etc. Third, it deals also with reinforcement of the capacity for administration of internment, such as a legal basis of electronic surveillance system. Lastly, it examines the ways enhancing the efficiency and transparency of correction administration, such as mandatory institutionalization of the corrections committee for consultation, introduction of authority for the delivery of personal belongings, and legalization of interview system with the head of prison and so on.
This study aims at first reviewing the international principles and domestic law and rules for juvenile inmates' contact with their family members. The convention on the rights of the child and the U.N. rules for the protection of juveniles deprived of their liberty stress the role of family contact and family strengthening strategies in achieving successful reentry and reintegration of inmates. And the Correction law and the Regulation for treatment of juvenile inmates define family strengthening program such as letter sending, visitation in person, family reunion events, telephone service but do not give more detailed directions for juvenile inmates. Based on the notion that the role of family contact and family solidarity is more significant meaning in psychological, mental development of youthful offenders, more active family involvement is inevitable for juvenile inmate's reentry. This article also shows current status of family contact of juvenile inmates with a small survey results. Most of them appear to maintain family contact via letter, telephone, and in-person visitation but, as expected, the frequency decreases as prior criminal records and the sentencing length increase. However, regardless of frequency of family contact, juvenile inmates expect that their family helps them in reintegrating into society. In that point, we need to think offender's family as necessary resources for successful reentry of inmates.
“국군은 국가의 안전보장과 국토방위의 신성한 의무를 수행함을 사명으로 한다.”고 우리헌법 제5조 2항은 명시하고 있다. 그러므로 군에서 발생하는 범죄행위는 곧 인적요소인 전투력을 손실시키게 된다는 것을 의미하게 되므로 군내 범죄예방에 노력하고, 발생된 범죄행위에 대해서는 철저한 수사활동을 통해 해결하여 범죄발생을 억제함과 동시에 낙오된 수용자에 대하여도 보다 적극적이고 합리적인 교정교화 업무를 수행함으로써 무위의 전투력 손실을 방지하는데 중점을 두어야 하겠다. 따라서 현재 진행 중에 있는 군행형법 전부개정안에 관한 검토와 연구는 이러한 측면에서 매우 중요한 의미를 내포하고 있다 할 수 있겠다. 특히 군행형법 개정안은 2005년도부터 사법제도 개혁추진위원회에서 군사법제도 개혁일환으로 추진하여 온 군형법 개정안 등 총7개 법안 중1) 하나로서 그동안 국방부에서는 군사법제도 개혁 건의문을 존중하면서 군의 특수성 보장을 위한 군내외의 다양한 의견수렴 절차를 거쳐 군행형법 개정안을 사법제도 개혁위원회에 제출하였으며 이를 토대로 최종 입법안을 의결(현재 국회계류 중) 하였다고 주장하고 있다. 그러나 군행형법 개정방안 중 일부사항은 다른 군사법 개선방안과 같이 관련부서간의 이해관계로 인해 충분한 논의가 아직도 미흡한 감이 없지 않은 실정으로 군의 특수성과 장병 인권보장이 구현되는 측면에서 개정이 이루어지도록 좀 더 신중하게 접근해 나가는게 바람직하다고 생각한다.
A criminal profiling is an attempt to provide some personality and behavioral clues about an offender based on the presentation of their behavior and the evidence they leave. The aim of criminal profiling is providing the client agency with the characteristics and traits of an unidentified offender that differentiate him from the general population. The methods of criminal profiling are criminal investigative analysis, investigative psychology, geographic profiling, behavioral evidence analysis. Criminal investigative analysis and investigative psychology is inductive argument. But behavioral evidence analysis is primarily deductive method. The definition of serial rape is two or more offenses committed by the same offender with a cooling-off period between offenses. How should the investigator approach a series of sex-related crimes with criminal profiling? In the proposed model the preliminary investigation would include the crime scene stage and the initial stage. The follow-up investigation would consist of the investigation stage, target stage, and arrest stage. Specially, crime stage prime importance to criminal profiling. The initial preservation, collection, and recording of physical evidence are important to the success of serial rapist profiling. NSA focuses on developing new and innovative profiling approaches and techniques to the solution of serial rape crime by researching the serial rapists and behavior and motivation.
21세기 들어 알코올 및 약물중독의 문제는 범죄, 실업, 가족구성원간의 갈등 및 불화, 마찰의 증가, 그리고 개인적 심리사회적 고통과 같은 심각한 사회문제의 주된 원인이 되고 있다. 이로 인해 개인은 신체적, 정신적, 사회적 건강의 위협을 받고 있으며, 많은 국가에서는 이러한 문제를 해결하기위해 많은 사회적, 경제적 대책을 모색하고 있다. 이러한 문제의 대응에 있어서는 물론 다양하고 구체적인 해결 방안이 제시될 수 있으나, 이러한 해결방안들은 궁극적으로 ‘예방 및 치료’ 또는 ‘처벌’이라는 두 가지로 견해로 구분되어 진다. 본 논문은 이러한 두 가지 견해를 중심으로, 미국사회가 알코올 및 마약중독에 관한 문제의 해결을 위해 어떠한 선택을 했는지에 대한 고찰을 진행하였다. 이러한 연구의 목적을 위해, 본 연구는 미국의 약물퇴치정책에 관한 소사(小史), 사회적 의미로서의 중독의 개념과 이에 따른 해결방안, 마약과 범죄와의 관련성, 치료의 효율성측면에 대한 고찰, 음주운전자의 치료와 처벌의 효율성에 대한 비교, 그리고 치료와 처벌에 관한 비용-효과 분석에 관해 논의하였다.
This study tried to explain the long-term effect of incarceration at the time of youth, and to suggest suitable treatments to prevent recidivism. For the research, a sample of 233 inmates who were within 6 months of release and over 2 years of incarceration were recruited at the 9 prisons. The main findings are the followings: First, inmates who were incarcerated as a youth (as younger they were at that age) had difficulty adapting to their families and the society. It seemed that they needed the constant observation and the support in their adaptation period. Secondly, inmates incarcerated in juveniles had a much higher and a more violent crime rate compared to the inmates incarcerated at the time of adult. Early state juvenile inmates needed an active assistance to prevent recidivism. In third, statistics showed that even though occupation training rate was high, few inmates had certificates among the inmates incarcerated in juveniles. It seems that there should be more motivative programs to make inmates more comfortable in participating in training programs. In forth, since most of the inmates are concerned about their life after their release, it is becoming important that there should be a more efficient program regarding the prevention of recidivism and widening the possibility of past inmates to getting employed.
The purpose of this study is to apply the organization-public relationships into the correctional institution and investigative its effect on the correctional institution image. For the study, it empirically examined the relationships between correctional institution's public relationships and correctional institution image. A survey was conducted with 223 respondents. The study found that there were statistically significant positive correlations between correctional institution image and multiple components of public relationships. The result also showed that the organization-public relationships affected the correctional institution image.
The purpose of the corrective consultation for criminals is to return them to ordinary social life. The corrective consultation is the most efficient method of remediation that helps criminals recover from their erroneous point of view about economics and society. Moreover, it is a significant way of corrective training. The collective consultation should be valuable action which can be accepted by social standard and be based on prisoner‘s under behaviour and a way of thinking. Feasible method need to be required so that consultant may handle remediation and consultation properly. For this reason, the research should be carried out to know what method is suitable for current correction system. The correction is intended for the re-socialization of prisoners under sentence, but it has limitation that there are not enough corrective training programs which are supported by government. In corrective training system, therefore, need to have more private participation and a long lasting social interest. For practical use of private correction institutions, the committee of correction give their full support to correction institutions recently. The role of committee, enlargement of collaborative work, revitalization plan for private participation and establishment of suitable module for prisoners under sentence, all of these suggestion should be discussed. Lastly, we'll discuss about an operating counselling department.