수용자의 권리제한 : 보안조치와 징벌 - 행형법 개정안에 대하여

• 영문명: Restriction of Prisoners" Rights to Maintain Order and Safety in the Penal Institution - Comments on the Revised Bill of Korean Prison Act -
• 발행기관: 한국형사정책학회
• 저자명: 이호중(Lee Ho Joong)
• 간행물 정보: 『형사정책』형사정책 제18권 제1호, 109~162쪽, 전체 54쪽
• 주제분류: 사회과학 > 정책학
• 파일형태: PDF
• 발행일자: 2006.06.01

영문 초록

  The revised Bill of Korean Prison Act was introduced to National Assembly by Government on 26. April 2006. This article tries to analyze and criticize the provisions related to the disciplinary and restraint mechanisms in prison. The important issues and my critical comments about them are as following.
  1) Surveillance by CCTV which is now partially being applied will be strengthened under the revised Bill. Although it has merits on time and expense savings to maintain order in prison, there must be a great danger to violate the prisoners" privacy rights. So I raise an objection to the surveillance of prisoners" cells by CCTV.
  2) The introduction of new instrument "leg iron" for restraint is problematic under UN Minimum Rules. And the other instruments, such as restraining belts, restraining sheets, straitjackets, should be applied only for medical care in order to prevent a prisoner from injuring himself.
  3) According to the revised Bill, the specific cells will be established for preventing a prisoner from injuring himself or others, or damaging property. Even if there needs to isolate and supervise such prisoners intensively, this article suggests that those specific cell confinement should be limited under the participation of medical doctor and that such confinement should not be prolonged for over three days.
  4) With regard to the disciplinary punishment, I don"t agree with the introduction of such forms of punishments, as prohibition of writings, prohibition of mail and visit, prohibition of outdoor exercises. And the solitary confinement as a usual punishment in prison should be limited to maximum 4 weeks.
  5) It is essential that prisoners who are dissatisfied with the ways and procedures for discipline in prison should have avenues for complaint. Effective review mechanism should be established, but the revised Bill by Government doesn"t have such procedure and measures.

목차

Ⅰ. 서론
Ⅱ. 안전과 질서를 위한 강제조치와 수용자의 기본권제한
Ⅲ. 규율과 징벌
Ⅳ. 맺음말
ABSTRACT

키워드

행형법 수용자 권리 계구 보호장비 징벌 Prison Act Restraint Solitary Confinement Discipline Punishment CCTV