自由刑制度와 人權에 관한 硏究

서지정보

ㆍ발행기관 : 한국교정학회 ㆍ수록지정보 : 矯正硏究 / 23권
ㆍ저자명 : 金鎭赫

목차

自由刑制度와 人權에 관한 硏究
Ⅰ. 서론
Ⅱ. 자유형제도의 변천과 인권
Ⅲ. 인권보호의 제약요소
Ⅳ. 정책적 제언
Ⅴ. 結論
참고문헌
ABSTRACTS

영어 초록

The imprisonment system has developed together with promotion of the human rights for criminals. Therefore, it appears that the imprisonment system as a humanitarian punishment substituting for physical punishment will continue to exist unless an alternative measure emerges. A human being is given protection for the fundamental human rights even if he or she is a criminal owing to the imprisonment system, and is able to escape from cruel torture and lashing. However, there had been much criticism on whether the human rights of prisoners are properly protected as expected during an execution process of imprisonment performed in a closed space. In addition, much more discussions on whether personal liberty indeed is the focus of freedom of a human being deprived of imprisonment are needed. As a human being is deprived of personal liberty, freedom other than such liberty actually is also deprived or infringed upon. Therefore, much efforts should be exerted on improvement of a disciplinary system and a correctional institution, protection of the right to write, improvement of medical service, and expansion of participation by non-government personnel in order to protect or promote the human rights of convicts within the facility. Although prisoners in the facility are the subject of correction, rehabilitation, and punishment, since they are weak, on the other hand, it is believed that a dispute over the infringement of the human rights will disappear naturally when thinking from their viewpoints and caring for with the same attitude as parents are accepted.

참고 자료

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