保護觀察制度에 關한 硏究

• 영문명: A Study on the Nature and Practice and Direction for the Probation System
• 발행기관: 호서대학교 사회과학연구소
• 저자명: 李普寧(Bo Young Lhee)
• 간행물 정보: 『사회과학연구』제9집 제1호, 71~105쪽, 전체 35쪽
• 주제분류: 사회과학 > 행정학
• 파일형태: PDF
• 발행일자: 1990.12.31

영문 초록

Increase of repeated offenders is one of the distinct features of recent crime problem. Growing recidivism may be at least due to the failure of reintegration program. Successful reintegration of offenders should promote rehabilitation of each offender and social protection of society from victimization. The probation system is explained as a compulsory rehabilitation, Here the historical background for introduction of probation program into Korea is discussed along with the practice, and nature of this prbgram. The probation system derived from a new theory based on the thought that a sentence should be executed through some education. It is one of the correction systems created on the basic premise that the improvement of the conditions of penal servitude is a reasonable way to prevent a second offense of a criminal. The probation system has improved on the conventional correction systems including free-penalty or the measure of security which aimed to take preventive steps against crimes and to make a convict, penitent by confining him in a correctional institution for a certain given period. It is an advanced correction system which makes a convict become a freeman if he observes given regulations for a certain period leading freely an active life in his society. In this system the probation is given to a probationer with the suspension of punishment by the court, so the probationer has no difficulty in his future social activities because it is the sort of system that makes him return to his social life (resocialize) without record of any crime, even though he is sentenced to a probation. At first this system was applied mainly to juvenile delinquents, but expanded its application to adult criminals. In this thesis, I studied the Nature of the probation system as follows. First, the legal nature of this system and the extent of the probationers that this system can be applied to, especially that of juvenile delinquents. Secondly, the organization and administration of the system, researching that of advanced countrees and its characteristics as well as its administrative organization in those Thirdly, the practical process of this sytem and its problems. There are a few people and scholars who criticize the system, but I am sure that the probation system is one of more advanced correction systems than any other correctional institution which improves existing facilities and thus the living conditions of the inmates. Rehabilitation of exconvicts into the community is the fundamental aspect of correctional policies, but additional attention must be paid to the successful reintegration of exconvicts into our society. Finally, I assert that our country should adapt this probation system in full-scale in the near future.

목차

Ⅰ. 序論

Ⅱ. 保護觀察制의 沿革과 도입경위

Ⅲ. 保護觀察의 法的 性格

Ⅳ. 現行 保護觀察法의 內容과 實際

Ⅴ. 保護觀察의 改善方案

Ⅵ. 맺는 말

參考文獻

Abstract