수형자 귀휴제도의 문제점과 개선방안

서지정보

ㆍ발행기관 : 한국교정학회 ㆍ수록지정보 : 矯正硏究 / 37권
ㆍ저자명 : 박영규

목차

수형자 귀휴제도의 문제점과 개선방안
Ⅰ. 머릿말
Ⅱ. 제도적 취지
Ⅲ. 외국의 입법례와 우리나라 현황
Ⅳ. 문제점과 개선방안
Ⅴ. 맺는말
국문요약
Abstract

영어 초록

This study treats the Prisoners’ Rights(Furlough System) to contact with the Outside World of the Prisoners. In other words, the purpose of this study is to indicate the Prisoners' Fundamental Rights in the constitution and the difficulty of interpreting the law about Prisoners' Rights. The study on Guaranteeing the Constitutional Rights of Prisoners discusses many topics and problems treated by many countries' laws and rulings, pertinent to Prisoners' Rights and those limit, especially in the light of history in the Germany, in the Japan and in the United States. Throughout the history of corrections of that country, Prisoners' Rights had comparatively few rights, and sametime, it is frequently seen by the public as unnecessary expenses and luxuries to discussing the Inmate Rights. Maybe the court's reluctance to interfere with prison management stemmed from the belief that such intrusions would only make the administration of correctional facilities more difficult to correct effectively. Prisoners Rights are major problems with present criminal policy. Therefore, Prisoners' Rights must be protected to the utmost. Since the end of the Second World War, criminal policy of the international community, centering around the United Nations, has had an influence on Korea, leading to the latest revision of the country's Prison Act. The Prison Act must stipulate to what degree a Prisoner's Rights may be restricted as well as how assistance can be received when those rights are violated. Furlough System is a chance for Inmates to test ther work skills and pesonal control over ter behavior in the community, and it allows them to spend to major part of the day away from the prison To solve these problem, the following are proposed. The penal system must be able to address the complaints of prisoners (on Guaranteeing the Constitutional Rights of Prisoners, named the Prisoners’ Rights of Furlough System Program according to law), and there must be more flexibility in the operation of prison affairs.

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