韓國保護觀察制度의 實態分析과 改善方案 = (A) study on the actual status of Korean probation system and its improvement

다국어 초록 (Multilingual Abstract)

Probation means a treatment of convicted offenders in which the punishment is suspended giving liberty in the community conditioned upon good behaviour and in which the state, by personnel supervision and assistance, attempts to assist the offenders to maintain good behaviour and to rehabilitate perpetually.
Rehabilitation of offenders in this society is deemed to be the best way for preventing society from the crimes and consists of the most important goal of the criminal code aimed at the protection of potential crimes by means of defending the nation through the protection of criminal offenders.
Probation as the measures of treatment for offenders aim at the protection of treatment for offenders aim at the protection of the society as well as offenders themselves by the prevention from possible risk of reprtition of offenders.
Fill now, the measures of protection society from crime is focused on treatment of correctional facilities that separate offenders from society and preventive activity from crime.
But imrrisonment offender's for definete days does not protect society from crime perfectly. As far as the offenders are not separated from society perpetually, they become finally a member of society. In order to protect society against crime and prevent a second crime, it is most important thing for offenders to be rehabilitated, corrected. This aim of criminal policy is achieved through just probation system.
At last, the probation system is introduced in Korean, the law of probation was enacted December 3, 1988 and has been enforced since on July the 1989.
During eight years of its enforcement, there came into several questions in carrying out but the most effective measures is gradually settled in order to early fixations of probation system in Korea.
This study forced on the method of reform of probation in Korea. First, this study inquire into theory background, introduction, contents, characteristic of probation system.
Second, this study inquire into probation system of America, Kingdom of England, Germany, and Japan in order to effective analysis to these system.
Third, I alluded probation systems enforcement and developing course and probation law etc., introduced the enforcing similar probation system, which is Juvenile Law, Social probation Law etc.
Forth, through statistics for recently five years enforcement of probation system in Korea, this study analysis the present situation as opening and closing of probation, the present situation of classified occupation the present of presentence investigation, the improvement family circumstances, the present situation of second crimes of an probation, the present situation of social service order, the present situation of attending lecture order etc.
Finally, this study suggest on the method of reform of provation through questions which is caused during the enforcement as probation objecter, probation system, probation budget, probation officer, probation law etc.
In conclusion, it should be emphasised that probation officers have to be enthusiastic interest and sincere about probation system because of the beginning of the enforcement.

목차 (Table of Contents)

• 目次
• 제1장 序論 = 1
• 제1절 硏究의 目的 = 1
• 제2절 硏究의 範圍와 方法 = 3
• 제2장 保護觀察制度의 理論的 背景 = 4
• 제1절 保護觀察制度의 槪念과 性格 = 4
• 1. 槪念 = 4
• 2. 法的 性格 = 8
• 3. 制度的 價値와 그 批判 = 10
• 제2절 各國의 保護觀察制度 = 17
• 1. 美國 = 17
• 2. 英國 = 22
• 3. 獨逸 = 28
• 4. 日本 = 31
• 제3장 韓國保護觀察制度의 實態分析과 問題點 = 36
• 제1절 韓國保護觀察制度의 現況分析 = 36
• 1. 保護觀察機關 = 36
• 2. 保護觀察擔當者= 38
• 3. 保護觀察對象者 = 39
• 4. 保護觀察處遇 = 46
• 제2절 韓國保護觀察制度의 問題點 = 54
• 1. 保護觀察機關의 問題點 = 54
• 2. 保護觀察擔當者의 問題點 = 56
• 3. 保護觀察對象者의 問題點 = 57
• 4. 保護觀察處遇의 問題點 = 69
• 제4장 韓國保護觀察制度의 改善方案 = 68
• 제1절 保護觀察機關의 體系的 整備 = 68
• 1. 中央組織 = 68
• 2. 保護觀察審査委員會 = 68
• 3. 保護觀察所 = 69
• 4. 類似組織의 一元化 = 70
• 제2절 保護觀察擔當者의 高級 · 專門化 = 72
• 1. 保護觀察의 資格, 任用基準 制定 = 72
• 2. 敎育訓練의 必要性 = 73
• 3. 其他 = 73
• 제3절 保護觀察擔當者選定의 合理化 = 75
• 1. 保護觀察擔當者의 愼重한 選定 = 75
• 2. 社會奉仕命令과 受講命令對象者의 愼重한 選定 = 76
• 3. 對象者의 擴大 = 77
• 제4절 保護觀察處遇의 內實化 = 78
• 1. 指導와 監督의 活用의 衡平性 = 78
• 2. 制裁措置의 適切한 活用 = 78
• 3. 社會奉仕命令의 改善 = 79
• 4. 受講命令의 內實化 = 80
• 5. 宣告猶豫 · 執行猶豫와의 結合 = 81
• 6. 環境調査 = 81
• 제5장 結論 = 83
• 參考文獻 = 85
• SUMMARY = 89