우리나라 보호관찰제도의 문제점과 개선방향 = (The) Problems and progressive Ways of Probation and Parole in Korea

다국어 초록 (Multilingual Abstract)

Nowdays, The trend of crime increase is worldwide. As a reverse phenomenon of the present development of national economy and society, crimes have not only been remarkably increasing in these days, but also have a trend to be transformed into more violent and large scale ever than past.
Korea is not an exception this regard. Man's endeavor to eliminate climes from his society has produced a system of measure of security, This system has been created in order make up for the defects of conventional correction system, and it has developed into the one that enables the convict to be educated for his society and regenerated as a good member of his society by suspending the punishment of his crime and permitting him to live a free life in his society.
Rehabilitation of offenders in this society is deemed to be the best way for preventing society from the climes and consists of the most important goal of the criminal code aimed at the probation and parole as the measures of treatment for offenders aim at the protection of the society as well as offenders themselves by the prevention from possible risk of repetition of offenses through positive supervision and guidance for offenders by placing them at liberty in the society as well as safeguarding from severe punishement and security measures without accommodation in the correctional facilities.
In America, the first step taken beyond the initial rudimentary probation practice has been in Boston by a great volunteer, John Augustus in 1841. Under the influece of his practice, The world's first probation law enacted later and exerted decisive effect on the adoptation of probation in other state. Eventually Federal Government of America legalized probation system by 1957.
In Korea, The Juvenile Law in 1958, The After-Care in 1961, The Social Security Law in 1975, and The Social Protection Law in 1980 have prescribed the probation system. But the nature of prescribed system was totally different form that of original authoritative probation system. And it was in the nominal condition as a result of the insufficiency of minor prescription.
Fortunately, The Probation Law legalized in 1988, 12. 31. The probation and parole system have been practing since 1989.
Although there are many difficients in men-power and materials due to short history of the system and organization, it can be said that the real introduction of the system marks the great turning point in the system of the criminal judicature. Although the system applies only to the javenill offenders, an occasion is found to look forward to advance the system of treatment of offender by activation and systematization of the in-society treatment disregarded relatively till now. Moreover, an escape was made from the lame-type criminal policy.
As there is a scholar who asserts that "there is no criminal policy if there is no probation system", the probation system has an important role as a measure against modern climes which become more ferocious.
However, ever if a system is excellent, it will become noncomittal unless it is not made aboriginal so as to be suitable for Korean circumstances.
Contrary to the previous thought or expectation that the solution of economic poverty will lead to the conquest of the problem of crime, the problem of crime becomes more severe gradually, in proportion to the growth of economy, industrialization and urbanization. Especially in the stage of disolvation and reformation of the traditional family ethics, the educational system.
The employment system and the view of value which follow the foregoing changes, the increase in quantity and the ferocity quality of crime constitute a social problem as well as various factors for the occurance of crime overflow.
Therefore, in order that the system can accomplish the function of suitable defense of society and go far toward democritizing the criminal policy as well as the criminal judicature, there is in need of the unsparing assistance of Selating organs, intimate cooperation of the staff, and further the positive participation of all the community in the view of a higher dimension.

목차 (Table of Contents)

• 目次 = i
• 第一章. 序論 = 1
• 第一節. 硏究의 目的 = 1
• 第二節. 硏究의 範圍 및 方法 = 2
• 第二章. 保護觀察制度의 意義 = 4
• 第一節 保護觀察의 槪念 = 4
• 1. 槪念定義 = 4
• 2. 類似制度와의 比較 = 6
• 第二節. 保護觀察制度의 法的 性格 = 7
• 1. 英美法系에 있어서의 保護觀察制度의 法的 性格 = 8
• 2. 大陸法系에 있어서의 保護觀察制度의 法的 性格 = 9
• 第三節 保護觀察制度의 價値(必要性) = 12
• 1. 序 = 12
• 2. 社會的 側面 = 13
• 3. 再犯防止面 = 14
• 4. 財政 經濟面 = 15
• 第三章. 各國의 保護觀察制度 = 16
• 第一節. 槪說 = 16
• 第二節. 英美法系의 保護觀察制度 = 17
• 1. 美國의 保護觀察制度 = 17
• 가 沿革 = 17
• 나 內容 = 19
• 2. 英國의 保護觀察制度 = 27
• 第三節. 獨逸의 保護觀察制度 = 29
• 1. 沿革 = 29
• 2. 內容 = 31
• 第四節. 日本의 保護觀察制度 = 38
• 1. 沿革 = 38
• 2. 內容 = 38
• 第四章. 우리나라 保護觀察制度의 實施現況과 問題點 = 42
• 第一節. 保護觀察法의 主要內容 = 43
• 1. 保護觀察 擔當機關 = 43
• 2. 保護觀察의 種類 = 45
• 3. 保護觀察의 主要內容 = 46
• 第二節. 保護觀察制度의 實施現況 = 51
• 第三節. 問題點 = 52
• 1. 法規上의 側面 = 53
• 2. 運營上의 側面 = 54
• 3. 기타 問題點 = 57
• 第五章. 우리나라 保護觀察制度의 改善方向 = 58
• 第一節 改善方向과 活性化 方案 = 58
• 1. 法規上의 側面 = 58
• 2. 運營上의 側面(合理的 運營方向) = 60
• 3. 活性化를 위한 몇가지 方案 = 70
• 第二節. 새로운 方向摸索 = 74
• 第六章. 結論 = 83
• 主要參考文獻 = 85
• SUMMARY = 90