少年 保護處分의 理論的 檢討

• 영문명: Theoretical examination of boy protective disposition
• 발행기관: 원광대학교 법학연구소
• 저자명: 占承憲(Jeom, Seung-Hun)
• 간행물 정보: 『법학연구』제20집, 241~266쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.10.30

영문 초록

Also qualitatively, the Korean juvenile delinquency expresses the atrocious tendency with the quantitative increase carrying out the reduction in age, and the repetition of an offense is shown. The present juvenile law specifies a criminal act, criminal contact act, and fear crime sake for wrongdoing coping with such a juvenile delinquency and accumulating healthy protection training of a boy, and deals with specially about these. By the idea of protectionism, he understood the state not as the object of punishment of a juvenile delinquent but as an object of protection, and it aims at social rehabilitation through education from the punishment from an educational and humane welfare viewpoint. The disposal added to a juvenile delinquent by such viewpoint is protective disposition. Protective disposition is disposal which a boy part judge performs to a juvenile delinquent, and educational and a social welfare-measure are taken the central contents about reform of character, environmental adjustment, etc. for the purpose of healthy training of a boy. It is the disposal performed when a boy part judge tries a boy protection incident, a boy’s environment will be arbitrated for their culture reelection or protection, or reform of action will be called for and disposal will be accepted to be necessity to a boy, if it retorts Such disposal is excluded about seven protective disposition in this paper and the clue problem which related to cancellation and change of the relation between a related problem with the purpose of protective disposition, compulsion nature and protective disposition or responsibility, protective disposition, an order for preserving public peace, and a punishment, the effect of protective disposition, and protective disposition from the theoretical side is considered.

목차

Ⅰ. 序言

Ⅱ. 保護處分의 目的과 强制性

Ⅲ. 保護處分과 責任

Ⅳ. 保護處分과 保安處分 및 刑罰과의 關係

Ⅴ. 保護處分의 效力

Ⅵ. 保護處分의 取消와 變更

參考文獻

〈ABSTRACT〉

키워드

보호처분 국친사상 책임 요보호성 보호상당성 보호결여성 보안처분 일사부재리의 효력