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.
Release on parole is a system by which a person who, by judgment, was sentenced to imprisonment and is confined in prison is released even before a prison term expires in case his behavior is exemplary and he shows sincere repentance and, thereafter unless the release on parole is cancelled or invalidated under his behavior, the execution of the punishment is to be considered terminated. Release on parole not only make convict's return to society earlier by reducing a period of unnecessary punishment execution, but also plays a role of promoting convict's voluntary desire to return to society during a term of imprisonment. Therefore, a parole system, only if active and appropriately operated in the right direction, can be said to be a very ideal correctional system able to make convict's return to society earlier. But, in spite of the legal basis that can execute extensively within the country probationary supervision on an adult convict who was release on parole, a parole system is negatively carried out in our country, which is probably caused by people regarding parole as only a reduced term of imprisonment. But, parole can be regarded as not a reduced term of imprisonment but a new type of execution of punishment converted from institutional treatment into community treatment. Like this, parole means that a convict in confinement is converted from the conditions under institutional treatment to the conditions under community treatment, so this system may bring about the maximum probationary effects only if amicable cooperation between the persons in charge of institutional and community treatment is realized. Accordingly, the criminal policy tends to stress more the importance of community treatment of a convict than that of institutional treatment. From such a viewpoint, in this paper, I inquired into the present situation of the parole system of our country and proposed a plan for improving the parole examination system (Parole Examination Committee and Probationary Supervision Examination Committee), a plan for linking parole to probationary supervision, a plan for making parole activated, etc.
Imprisonment plays and stands the important roles to substitute the pre-modern corporal punishment to the modern punishment systems. The main purpose of imprisonment execution is rehabilitation for convicts by preservation of public peace and reformation education. However, it is not convinced that the current imprisonment system as "ideal punishment" with execution purpose of convicts' rehabilitation has performed satisfactorily. Therefore, reconsideration for restriction of freedom itself should be reflected and an alternative punishment institution for imprisonment shall be searched and studied. From this point of view, it seems criminal policy should head forward to the direction that can control the restriction of freedom as much as possible. This dissertation, hence, reviews the "Materialization and Features of Modern Imprisonment Systems" and examines "Limitations and Controversial Issues of Imprisonment as Criminal Policy". And then, to present the development schemes of Korean execution system, "Successive Adaptation Plans for Limitation of Freedom", "Expansion of Parole System and Application of Probation System" and "Establishment of Correction Agency" are studied. "Successive Adaptation Plans for Limitation of Freedom" exhibits the supervision treatment and open treatment programs; in "Expansion of Parole System and Application of Probation System" section, necessity of close connection between parole and probation systems is emphasized; and "Establishment of Correction Agency" reconsiders the efficiency of reformation administration and asserts the establishment for supervision office to inspire public service personnels morale. In conclusion, to draw out the goals of current criminal policy as it is, imprisonment execution system is inevitable. Nevertheless, pains from restriction of freedom must be mineralized, that is, the system should be the one minimizes the reactions or side effects from isolation from society and personal imprisonment. To do this, from humanitarian, rational and economic points of view, open-reformatory, practical programs of releasing before the expiration of terms and alleviation of unessential regulations are demanded. Steady contacts with society and extension of association scope will relax convicts affliction caused by separation from society and be easy to rehabilitate, accordingly, Korean criminal policy should head forward to the system that emphasizes treatment within society.
This study examined the environmental factors that increase juvenile delinquencies, reviewed the current state and problems of the policy for protecting delinquent juveniles, and proposed improvement plans. Environmental factors that increase juvenile delinquencies are believed to be rapid urbanization, the malfunction of families and schools, changes and diversification of the value system, the influence of mass communications, etc. Therefore, as social and political measures for protecting delinquent juveniles, it is necessary to promote juvenile delinquency prevention movements by local societies, reinforce the function of families, strengthen the all-round education of schools, establish a new value system, and tighten regulations on mass communications harmful to juveniles. In addition to these, as measures based on the Juvenile Law, it is required to individualize and diversify educative measures, pay special attention to sending delinquent juveniles to training schools or reform schools, develop various types of training schools and their programs, create regulations on the juvenile diversion of the police, and assure a due procedure in the protective process of juveniles.
Although the purposes of punishment vary with their theoretical standpoints, the function of "special deterrence" of the criminals should be the primary correctional goal. Article 1 of the Korean Correction Law defines that "the reintegration of inmates" is the main objectives of the execution of punishment. "A short-term imprisonment" which deprives criminals of their liberty for the short period of time is too short to run the rehabilitative programs for fulfilling the goal of "reintegration." In contrast, it provides sufficient time for the criminals to learn criminal techniques and attitudes from their prison colleagues. In this sense, some argue that this type of punishment has more negative effects rather than it serves the correctional goal. As a result, attempts are recently made to find out alternatives of the short-term deprivation of liberty(e.g. pecuniary punishment). However, there have been much controversies about the exact time-span of "the short-term" punishment and the clear diagnosis of the alleged negative impacts. This article, therefore, is designed first to illustrate possible negative effects of the short-term imprisonment with its relation to the penological thoughts, and then seek alternative types of punishment that better serve the correctional idea of "reintegration."