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우리나라 행형사의 근본이념과 현행 교정제도의 발전방안 원문보기
Basic idea of the execution of a sentence and improvement scheme on current korean correctional system

  • 저자

    이수현

  • 학위수여기관

    慶北大學校 大學院

  • 학위구분

    국내박사

  • 학과

    법학과 형사법전공

  • 지도교수

  • 발행년도

    2004

  • 총페이지

    vii, 202p.

  • 키워드

    행형학 행형사상 교정제도;

  • 언어

    kor

  • 원문 URL

    http://www.riss.kr/link?id=T10046669&outLink=K  

  • 초록

    Even though current idea of how prisoner is being resocialized through correction is in accordance with our traditional thinking of execution, execution of a sentence is no more than the process of operating punishment. The element of the execution of a sentence is only meant to retribution of what has happened in the past. That is why resocializing through correction, which is more toward for the future, can cause conflicts with the execution of a sentence. Therefore, to study and find a way of harmonize this conflict is very important on how the civilian and victim can feel the fairness of the law and how it can form a braking system of very forgiving correction policy which only the country wants to enforce or no criminals can feel the urgency. If we look deeper, punishment judges how long the a criminal should punished based on the responsibility. And the quantity of punishment is calculated how much the law is offended and how much he/she is socially responsible. Free sentencing expresses it in terms of time. Therefore, this way of judging by time is only to compensate in retribution of what has happened in the past which can be further argued it has to have some limitation on how well it prepares the criminal for the future. In other words, to realize how well the criminal can be resocialized and how long it would take in the process of deciding and weighing of offense is not easy. On the contrary, the period judged based upon the responsibility can interrupt the purpose of socializing the criminal. The criminal who is already done resocialized even if the term is not yet met. For these reasons, to find the crossing point of proper weight of offense in terms of responsibility and correction is never an easy task. At the same time, with our current sentencing system, the victim is absolutely excluded. The country is only tries its best to prevent any crimes to be happening to protect the society. This modern system is not affecting the criminals that they are not really resocialized due to correction without punishment. This could argue that we are debating without any focus by excluding the real victims of the crime. As Rousseau said, an individual gives the political entity an implicit permission that we trust our existence and life. If it were the case, then the country should compensate the mental damage that the victims suffer, not to count the financial damage, in order to protect the best interest of the country. If our modern sentencing policy continues its purpose without consideration of how much the crime can influence badly, then the victims would suffer agony and sadness even after they might have lost lives, family, wealth and social position. On the contrary, the criminal is locked up in a safe place, which is run with the tax paid by the victims, under the protection of the country. This nonsense is actually happening. The purpose and essence of sentencing should reflect and consider both country and victim. By doing so, current system that is more concentrated on correction should be checked. To satisfy the actual goal of our correction system, it needs to have voluntary action from the corrected. Without this factor, we could face the loss of powerful law enforcement as well as increasing the crime ratio that criminals can take advantage of the current system. The surprising and worrisome thing is that this is actually happening at present. Therefore, as we realize shortcoming of correctional policy concentrating on resocializing the criminal, it would be a very wise decision to run both forceful punishment policy to prevent crimes and the current correctional system. In sum, modern concept of execution of a sentence should act as the place of correction as well as the place of offsetting the lost responsibility. To accomplish this purpose, the new idea on execution should be brought up in a way that it puts needs to be aggressive locked ups and real concept of retribution all together.


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