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受刑者의 權利와 救濟制度에 관한 硏究 원문보기

  • 저자

    이기석

  • 학위수여기관

    국민대학교 대학원

  • 학위구분

    국내석사

  • 학과

    법학과 형사법 전공

  • 지도교수

  • 발행년도

    2003

  • 총페이지

    [ⅳ], 90 p.

  • 키워드

    수형자 권리 구제제도;

  • 언어

    kor

  • 원문 URL

    http://www.riss.kr/link?id=T8948816&outLink=K  

  • 초록

    The prisoner's status, decided by the law, and their right, restricted by the law, must be in the minimum extent for the purpose. The measure to help them return to the society should not be admitted in case of the possibilities of infringing their human right without being regulated by the law. but provisions which restrict the freedom of prisoners use vague concepts or contents, and there is a wide room to infringe the prisoners' human right because of the broad discretionary power given to the authoeities such as warden of the prison. And the right of the prisoners unfairly disturbed, if there is the purpose of guaranteeing, by the penal authorities their right should be peotected to enact the proper system for their relief. For this reason in many countries, the trend to enact the penal law is to make the system for guaranteeing the prisoners' legal relief, and this is realized through the cases and administractive judgement in the penal relation. The world trend to enact the penal law is to see the penal law not only as the regulation of administraction of the facility and the regulation of the official duties of the guards but also as the standards to guarantee the prisoners' right and their return to the society. this study focuses on attaining the penal goal for the prisoners to return to the society and protecting their right through estabilishing the prisoners' legal status. to attain the extreme penal purpose means to pursue the proper objectives, whereas to protect the prisoners' right means to emphasize the legality. thus the solution may be how to unite and harmonize the objectivea and the legality. This treatise is composed of 5 chapters. the first hapter id the preface that escribe the purpose, the extant and the method of this study. The second chapter is the historical review of the prisoner's legal status, which includes the change in the criminal administration, the purpose of the punishment, the theories on the prisoner's legal status, and the ground and the end of the limitation of the prisoner's right. in about the protection of the prisoner's right, including the need of guaranteeing the prisoner's right and the ground of the recognition of prisoner's right, the review of the right concerning living conditions such as meetings with outside-world people and the right-of-way, and other things such as the right of access to courts, the right to demand the compensation for their work, the safe custody, and the punishment. The thirth chapter describes the system for relief of the prisoner's right, including the need of the system for relief of the prisoner's right, the review of the system in the judical and non-judid cases in foreign countries compared with our nation, and the problem and the improvement measures of the syatem yn the present law. The fourth chapter is the conclusion which summarizes the reviews above. Under the review of the contents and operation in the present law, this treatise shows the measures to secure the prisoner's human right and to provide effective relief methods in the prisoner's human right infringment, and provides the problems and the improvement methods. For this purpose, I refrerrd to the laws and experiences of foreign countries and to the international laws.


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