행형법 개정과 수용자의 권리구제제도

서지정보

ㆍ발행기관 : 한국교정학회 ㆍ수록지정보 : 矯正硏究 / 35권
ㆍ저자명 : 김태명

목차

행형법 개정과 수용자의 권리구제제도
Ⅰ. 머리말
Ⅱ. 현행법상 수형자 권리구제 제도
Ⅲ. 주요 선진국의 수형자 권리구제 제도
Ⅳ. 최근 법무부가 마련한 수형자 권리구제제도
Ⅴ. 행형법개정안의 내용과 문제점
참고문헌
Abstract

영어 초록

Living in a world governed almost entirely by the exercise of the discretion naturally generates a wide range of grievances. Accordingly it is essential that prisoners have a number of avenue of redress open to them whereby the illegal exercise of power maybe challenged, and by which compensation can be recovered for the infringement of such rights as survive in all prisoners notwithstanding there infringement. Under the Prison Act, prisoners have the right to pursue a request or complaint connected to or arising from there imprisonment with the governor of the prison. And it has long been accepted that prisoners also have the right to complaint to or petition the Minister with overall responsibility for the Prison Service and the care of prisoners. But the previous scheme was generally regarded as unsatisfactory for a number of reasons. It was inefficient, slow and lacking in coherence. The Ministry of Justice embarked upon a process of revising the Criminal Administration Act in 2004, and submitted the Revision Bill to the national Assembly on April 26. 2006. In this Bill a new system to enhance the efficiency and transparency of the correction adminstration, such as mandatory institutionalization of the corrections committee for consultation and legalization of the interview system with the governor of the prison. The new system is better than before, but still have major defects to dispel the culture of defensiveness surrounding the issue of complaints or requests. After the Seoul-Jail case in 2006 the Ministry of Justice introduced new systems, such as Sexual Assault Watch, Prison Ombudsman, and Advisory Council on Correction Affairs, to ensure consistency in monitoring human rights policies while accommodating public opinion about rights improvements and expanding popular participation in justice affairs administration in 2006. This article, therefore, reviews the new systems and suggests that these should be accepted in the Bill which is submitted to the national Assembly.

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