This article traced modern trends of penological ideas in terms of the origin and development for each ideas. It is followed by classifying them as three distinct types: correctional treatment, legal treatment and community-based treatment for criminals, and discussing the similarities and differences between them. Finally, it concluded with the discussion of prospective global cooperation among correctional authorities.

This study deals with what is the best treatment model against offenders refer to punitive purpose, criminal cause theory, responsibility principle of criminal law and korean criminal policy etc. Because one kind of treatment model against offenders are not appropriate to view point of various the punitive purpose theories and the criminal cause theories, this study was focused on the view that a few treatment model against offenders should be combined. And it is necessary the viewpoint that each treatment models against offenders can mutually realize supplementary function. In conclusion, this study included that the combined treatment model against offenders(combined model of rehabilitation model, reintegration model and justice model) was the best model theory in treatment model against offenders. this model combined partial factors of followed three models ; -. This model fundamentally is based on the rehabilitation model. -. The excessive criminal punishment problem should be restricted by application of responsibility principle of criminal law.(justice model's factor) -. Because the nation and society produced a part of criminal cause, they correspondingly must be responsible for the criminal cause. (reintegration model's factor). Because of this reason, they have duty to make healthy social environment.

This article studies community service order in terms of its objectives, functions, and legal basis. Compared with the cases of the advanced countries where community service order has well established, this study seeks to find problems and remedies to improve the use of community service order in Korea. The recommendations are 1) a fairer and more reasonable selection process for the candidates, 2) a development of better examination system to classify the offenders, 3) imposition of appropriate conditions and regulations, 4) A stricter penalties for the condition violators, 5) the encouragement of active participation of voluntary personnel.

범죄와 비행의 문제가 우리나라에서 한하여짐에 따라 시설내 처우와 사회내 처우를 대비시키는 질문이 매우 중요한 쟁점이 되었다. 범죄문제를 처리함에 있어서 시설내 처우가 국내적으로나 국제적으로 오랫동안 전통적으로 실시되어 오고 있지만, 그 교정효과나 비싼 교정비용 등 여러 가지 한계점을 나타내고 있다. 이와같은 시설내 처우의 결점과 고비용은 사회내 처우에 대한 관심을 증진시키게 되었고, 이제 사회내 처우는 형사사법체계와 소년사법체계에서 매우 중요한 역할을 담당하게 되었다. 본 연구는 우리사회가 범죄자를 처우함에 있어서 지니고 있는 기본적인 가치와 철학을 찾아보고자 하였다. 이러한 목적을 위하여, 우선 보호관찰제도를 고찰하고, 보호관찰제도의 주요내용을 차지하고 있는 사회봉사명령제도와 수강명령, 그리고 갱생보호제도를 중심으로 역사적 관점에서 살펴보았다. 연구결과에 따르면, 우리나라는 범죄문제를 다룸에 있어서 여전히 구금형위주의 수용시설중심인 것을 부인할 수 없다. 그러므로 교정시설이 ‘개방적’이기 보다는 ‘폐쇄적’이며 교정교화프로그램보다는 보안위주의 시설운영이 될 수 밖에 없다. 예를들어, 범죄자를 처우함에 있어서 ‘범죄자에 대한 보호 또는 배려’보다는 ‘사회안전’ 중심의 가치와 철학이 기초되어 있다고 할 수 있다. 범죄자를 위한 사회내 처우는 범죄문제를 대처함에 있어 필수불가결한 대안으로 자리잡고 있다. 그러므로 시설내 처우의 한계를 극복할 수 있도록, 보다 심층적인 연구와 그 확대 활용가능성에 대한 연구가 강화될 필요가 있다. 이러한 맥락에서 우리나라의 교정발전을 위하여 몇가지 과제와 대책들을 제안하였다.

인구가 고령화되면서 점차 노인수용자에 대한 관심이 고조되어 가고 있다. 우리나라도 서구 선진국처럼 과거 20년간 노인수용자 수가 증가해 왔고 앞으로도 계속 증가할 전망이다. 노인수용자의 특성은 첫째 수적으로 빠르게 증가하고 있으며, 둘째, 다른 연령층의 수용자들에 비하여 신체적정신적으로 건강하지 못하다. 노인수용자의 건강은 교정시설의 부대비용을 결과하기 때문에 이를 효율적으로 관리할 수 있는 처우프로그램이 요구된다. 셋째는 높은 재범률로서 이는 신체적인 병약함과 빈곤, 그리고 생활능력의 결여와 성격적인 결함으로 인해 출소 후 적응에 실패함으로써 재범의 가능성이 높아지기 때문이다. 넷째는 사회적응력의 부족을 들 수 있는데 노인출소자의 사회적응력을 구성하는 요인은 경제적 열악함과 지지자원의 부족에 기인한다. 마지막으로, 여성 노인수용자의 문제가 부각되고 있다는 점이다. 사회전반적으로 여성노인 인구가 증가하고 있고 여성노인들의 열악한 상황을 볼 때, 여성노인수용자의 증가추세는 계속될 것으로 전망된다. 아울러 이들은 신체적정신적으로 취약하고 지지관계도 열악하다. 노인수용자들의 이와 같은 특성을 고려하여 처우의 방향을 다음과 같이 제안하였다. 우선, 교화지향적 처우가 필요하며 이는 사회적응능력과 가족관계를 강화하는 것이 노인수용자 처우에 있어 교화이념을 실행하는 주된 내용이 될 수 있을 것으로 보았다. 둘째는 차별적 처우이며, 노인수용자의 필요에 부응하는 차별화된 처우로는 노인전문교도소의 운영과 가석방과 집행유예의 확대를 대표적으로 고려할 수 있을 것으로 보았다. 셋째, 다양화개별화된 처우로서 노인수용자의 수용상태, 성별, 그리고 신체적인 상태를 기준으로 노인수용자들을 유형화하고 각 유형별 특성에 맞게 교정프로그램을 개발해 갈 때 교정목적을 보다 효과적으로 달성할 수 있을 것으로 보았다.

The purpose of this study is to examine the treatment of female juvenile delinquents in Korea. Thereby, it attempts to provide several ways of improving female juvenile delinquents treatment. This study reviews existing research on female delinquency and the juvenile justice system's response to female delinquency. Despite growing concern, relatively little is known empirically about female delinquency. A review of the female delinquency literature shows the ambiguities and piecemeal nature of the research. But, we can identify several factors contributing to female delinquency from existing research. Most of the research conclude that female delinquent behavior is related to weak bond to parents, abuse, depression, low self-esteem, etc. Gender-specific programming refers to the program models and services that comprehensively address the special needs of a targeted gender group, such as adolescent girls. In Korea, probation treatment was not specifically designed for delinquent girls. Social service order was not specifically designed for delinquent girls, either. But, several considerations are provided for female offenders. For example, most female offenders work at welfare center. As to the residential community treatment, several desirable aspects are found. For example, residential community treatment fosters familiar, supportive atmosphere. And various culture activities help girls discover their capabilities and enhance self-esteem. As to juvenile training school treatment, personality education is needed . Anyang juvenile training school provides several programs for female juvenile delinquents. For example, various psychotherapy programs are enforced because of the high incidence of abuse, low self-esteem in female juvenile delinquents. And Anyang juvenile training school implements job training programs such as beauty, cosmetology in consideration of gender. Based on reviewing realities of female juvenile delinquents treatment, it suggest several ways for effective treatment.

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.

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.

The purpose of this article is to examine the treatment program of adolescent sex offenders in America. Thereby, it attempts to provide several improvement ways in adolescent sex offender treatment in Korea. In America, the social policy response to adolescents who commit sexual offenses has undergone dramatic change since the early 1980s. Prior to this time, acts of sexual offense by teenagers were often dismissed or trivialized. And treatment programs were rare. But, the crimes are considered serious, juvenile sex offenders are routinely prosecuted since 1980s. Sex offending by teenagers has come to be viewed as a unique form of deviance that requires different rehabilitative strategies than do those employed with other offenders. So, specialized treatment programs have proliferated. The cornerstone of policies regarding intervention, both within institutions and in community, is that juveniles who commit sexual offenses should be mandated to participate in specialized treatment programs that specifically address the sex offense behavior. Specialized treatment programs for adolescent sex offender have proliferated, continuously. Specialized treatment programs for adolescent sex offender are provided within institutions and in community in America. And most programs are provided in community. Based on reviewing realities of adolescent sex offender program in America, it suggest several ways for effective treatment in Korea.

In den letzten Jahren mehren sich in verschiedensten Landern die Berichte, in denen eine Zunahme abweichenden, storenden und gesetzwidrigen Verhaltens Jugendlicher registriert und als beunruhigend oder bedrohlich empfunden wird. Die Jugendkriminalitat wird in Korea entsprechend dem internationalen Phanomen als ein waschendes soziales Problem angesehen. Eine ins Auge fallende Erscheinung ist die steigende Zahle der Gewaltater, Massentater usw.. Damit erscheint die Entwicklung von Sanktionen geeignet und erforderlich, den Delinquenten von Jeundlichen abzuhalten. Als geeignete Sanktionsmaßnahme zur Individualpravention kommt zunachst Schutzmaßnahme, die in 「Jugendrecht」 geregelt wird, in Betracht. Außerdem kommt auch die Strafe, die in allgemeinem 「Strafgesetzbuch」 geregelt wird, besonders fur die Jugendstraftater in Betracht. Jedenfalls vor der Auferlegung von Schutzmaßnahme und Strafe muß man die Charakter, Umstande der Familie, Schule oder Freundschaft usw. von Jugendlichen untersuchen und klassifizieren. Um die Schutzmaßnahme zu auferlegen, muß man die Umgebung der Jugendlichen mindestes fur einem Monat in Untersuchungshaft zur Klassifikation untersuchen. Im gegenteil werden die Jugendlichen, die in allgemeinem Strafprozess behandelt werden, von Schutzaufsichtbehorde untersucht. Untersuchungshaft zur Klassifikation unterscheidet sich faktisch nicht wesentlich von Strafhaft. Die Situation in Haft ist fur fast alle Betroffenen gleichmaßen nachteilig. Gitter und Zellen sich in Untersuchungshaft zur Klassifikation und Jugendhaft identisch. Daher werde ich in diesem Artikl erforschen und vorstellen, was Problem solcher Haft ist und welcher Vorschlag fur die Verbesserung der Untersuchung von Jugenddelinquent in Betracht kommen kann.

This thesis has been compossed the changes of corrections theory on treatment of offenders as well as the changes of policies on the criminal justice in the ROK. It has been made a conclusion after involving consideration of the new system of community-based corrections applicable to the ROK.

Most people would agree that the prevention of a problem is more important than the measures of control and treatment. Neverthless, in the instance of crime, treatment is very difficult, because it is so hard to get on the target. We have tried valiantly to discover and to introduce measures in the Treatment of Offenders. There are so many difficult problems ; the classification of prisoners(classification within the institution, or classification by institution), the open treatment(open institution), the movilization of community resources(voluntary visitor system), pre-release guidance center(halfway house), community correctional centers, conditional release(parole) and civil inspector. In the Treatment of Offenders, there are several kinds of ones. For example, Juridical Treatment, Correctional Treatment, Institutional Treatment and Community based Treatment. The wise and standard method for the study of "the Rehabilitative Ideal in the Treatment of Offenders" will be taken pimarily from the "Standard Minimum Rules for the Treatment of Pisoners", 1957(revised 1977). Modrem society does expect imprisonment to serve a useful purpose beyond that of keeping known criminals confined. The prison, somehow, is supposed to further the goal of rehabilitation. The prison is an authoritarian community and will remain so, even if far greater attention than has been true in the past. It is excessively optimistic to expect the prison to refom all inmates, since it is the more serious or more hardend offender who is most apt to be confined. The agency of society concerned with the prevention and control of crime, in the form of prison, does not take revenge as its major goal either in lip service or in practice. Imprisonment, it is argued, receives its major justification today as a means for the protection of the state and for the return of the offender to the ranks of the law-abiding.