수형자의 귀휴제도에 관한 고찰

• 영문명: A Study on Furlough System for Prisons Inmates : specially its estimates and its directions for improvement on ATCIIA
• 발행기관: 한국형사법학회
• 저자명: 신치재(Shin, Chee-Jae)
• 간행물 정보: 『형사법연구』형사법연구 제21권 제1호, 469~490쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.01.28

영문 초록

The purpose of this study is to estimate the furlough system for prisons inmates in Administration and Treatment of Correctional Institution Inmates Act and to present its directions for improvement. My opinions are as follows. 1. Furlough is the fundamental right of the constitution for prisons inmates. Therefore, it should be enlarged and widely recognized by lessening the condition of furlough unless the prisoners are typically imposed on a limit for furlough because of his or her prior conviction for flight. 2. It is proper that the Administration and Treatment of Correctional Institution Inmates Act expanded the extent of the furlough from more than one year to more than six months in short-term prisoners and required seven years in long-term prisoners. 3. It seems rational that the terms for furlough were extended from ten days to twenty days in a year in the Administration and Treatment of Correctional Institution Inmates Act, but it is actually not right because the term for furlough is really not extended but on the contrary reduced. The going-out system and the sleeping-from-prison system must be restored to their original state. 4. The provisions of furlough should be reorganized. By unifying the condition of permission for furlough in § 129 of the Furlough Enforcement Rule, it is desirable to comprehensively provide as “the time when it is necessary for correction and edification of prisoners.”

목차

Ⅰ. 머리말

Ⅱ. 제도적 가치 및 이론적 근거

Ⅲ. 개정법의 귀휴제도의 현황 및 문제점

Ⅳ. 개정법에 대한 평가 및 개선방향

Ⅴ. 맺는말

Abstract

키워드

귀휴 수형자 헌법상 기본권 사회복귀 furlough prisons inmates the fundamental right of the constitution rehabilitation in society