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      • 韓國 橋導作業의 評價와 發展方案

        이희태 京畿大學校 行政大學院 1996 국내석사

        RANK : 250671

        Besides the purpose of sentencing a convicted person to penal servitude, Correctional industry is one of the important means for rehabilitation by developing their working will through technical education and by making possbile for them to return to society as a professional worker. The purpose of this study is to find a improved plans for the correctional industry by evaluating the system and management of the present correctional industry the view point of rationalization of management and efficiency of technical education. Chapter 1 presents the developing background and problems caused by the correctional industry and also the need to study these factors. Also, the limits of this study are set to the parts that cause direct influence on the correctional industry, except for the works inside the Social Protection House. To understand more deeply the status and problems of the correctional industry, documents were refered to and research on the actual conditions were made. Chapter 2 looks into the theoretical background, its nature, purpose, history which includes Special Account for Correctional Industry and the laws regulations concerning correctional industry. Chapter 3 evaluates the management and current status of the correctioanal industry and presents the problems. Concerning the status of the organization, the system and structure of the organization was analyzed and problems were found out. Concerning the management status, first the prisoner's personal labor management was looked into classification examination system, employment, work bonus and security management. Concerning vocational training for the prisoners, the kinds of training, training system, standard for choosing the trainee, the financial resources and accomplishments were reviewed. On production management, work organization, management structure and accomplishment were analyzed. On work managemnt, working conditions, process control, material control, quality control, and planning management were analyzed and evaluated. Concerning accounts and financial management, financial affairs of the correctional industry were analyzed, and the contents of the Special Account for Correctional Industry and management of the register were looked at. On marketing management, the characteristics of customary marketing and correctional industry marketing were researched. And also the marketing status was analyzed in order to evaluate the many fields of marketing management - sale price control, distribution, control of manufactured goods etc. Chapter 4 suggests the improvement strategies according to the problems found from the analysis about the current status of correctional industry in chapter 3, We tried to make improvement on organization and personal management, work management, vocational training, production management, financial management, marketing management and laws concerning correctional industry. Chapter 5, using the evaluations and improvement plans mentioned before, talks about the basis the new systems and laws that will improve the efficiency of correctional industry.

      • 刑事訴訟法上 逮捕制度

        성광호 경기대학교 행정대학원 1997 국내석사

        RANK : 250671

        그 동안 체포제도는 헌법에만 規定되어 있다가 1995년 12월 29일 개정 刑事訴訟法에 拘束前 被疑者 審問 制度와 함께 導入되어 1997년 1월 1일부터 전면 實施되기에 이르렀다. 逮捕의 本質이 무엇인가 하는 問題는 搜査 과정을 어떻게 보는가 하는 문제와 關聯되어 있다. 改正 刑事訴訟法에서는 被疑者의 人權保障을 위하여 逮捕令狀制度를 採擇하였으나 그것은 實體的 眞實發見과 調和를 이룰 수 있도록 運用되어야 하며, 이를 爲해 先進國에서는 效率的인 搜査를 爲해 여러 가지 補助制度를 두어 兩者가 調和를 이룰 수 있도록 配慮하고 있다. 위와 같은 逮捕制度는 그 동안 施行過程에서 여러 가지 問題點이 露出되었다. 따라서 이러한 問題點을 解決하기 위한 改善方案을 提示하는데 硏究目的을 두었으며 그 改善方案으로서 司法警察官에게 逮捕令狀 直接申請權, 短期連行權을 賦與하고 參考人陳述 强制制度를 新設하며 逮捕要件을 완화하고 긴급 체포 대상에 기소 중지자 또는 手配者를 포함할 것을 提案하였다. The Provisions about arrest system have not been found out on the Criminal Procedure Code but have been prescribed on the Constitution until the government adopted the arrest system as well as Judiciary's Interrogation system for a suspected person liable for detention on December. 29. 1995. The question about the nature of arrest relates to the viewpoint of criminal investigation process. While the government adopted the pre-arrest warrant system in the process of a suspected person's detention for enhancing the rights of defense, it is important that the protection for a suspected person and the footing of the investigational institutes for finding out the criminal facts should be harmonized with each other. Therefore, the developed countries are trying to pursue this harmonization by operating supplemental system for effective investigation. We have experienced various kinds of troubles in the past enforcement of that system and found out lots of problems compared to that of the developed countries. So, I've tried to select the problems through the reviews of the arrest system on the Criminal Procedure Code and to suggest reformed measures. From the results of this study, several reformed measures are suggested as follows: ○ Endowing the judicial officers with the right to move the court for the arrest warrant ○ Providing the provisions about the authority of the judicial officers able to restrain a suspected person for the purpose of investigation for hours before moving the court for the arrest warrant ○ Prescribing compulsive statement duty of a witness in the Criminal procedure Code ○ Relieving the arrest conditions ○ Providing the provisions that wanted persons become the objects of emergency arrest on the Criminal Procedure Code.

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