현행 형법의 집행유예제도에 대한 해석론 = A Study on the Interpretation of Current Statutes of a Suspended Sentence with Probation

다국어 초록 (Multilingual Abstract)

A suspended sentence with probation has been used as the important method of punishment in South Korea since the latter part of twentieth century. We also prospect that its role will be increasingly enlarged in criminal justice as the principal status of penal mechanism shifts from imprisonment to the treatment in community. So we need to make our system of probation more efficient and more flexible so that it plays an adequate role in the stage of penal enforcement. As a preliminary study, this paper concentrates on the interpretation of the current statues of a suspended sentence with probation, which are constituted by five provisions of Criminal Law. The first task to be done in this paper is to explain the essential condition of a suspended sentence with probation. In addition, the causes of invalidation and cancellation are also summarized with the supportive and critic opinions of current provisions. Though this paper is mainly interested in the interpretation of current statutes, some legislative alternatives are also introduced in footnotes.