가석방제도의 개선방안

서지정보

ㆍ발행기관 : 한국교정학회 ㆍ수록지정보 : 矯正硏究 / 21권
ㆍ저자명 : 姜榮喆

목차

가석방제도의 개선방안
Ⅰ. 들어가는 말
Ⅱ. 가석방제도의 의의 및 연혁과 기능 및 법적 성질
Ⅲ. 우리나라의 현행 가석방제도
Ⅳ. 가석방제도의 개선방안
Ⅴ. 맺음말
참고문헌
ABSTRACT

영어 초록

Release on parole is a system by which a person who, by judgment, was sentenced to imprisonment and is confined in prison is released even before a prison term expires in case his behavior is exemplary and he shows sincere repentance and, thereafter unless the release on parole is cancelled or invalidated under his behavior, the execution of the punishment is to be considered terminated. Release on parole not only make convict's return to society earlier by reducing a period of unnecessary punishment execution, but also plays a role of promoting convict's voluntary desire to return to society during a term of imprisonment. Therefore, a parole system, only if active and appropriately operated in the right direction, can be said to be a very ideal correctional system able to make convict's return to society earlier. But, in spite of the legal basis that can execute extensively within the country probationary supervision on an adult convict who was release on parole, a parole system is negatively carried out in our country, which is probably caused by people regarding parole as only a reduced term of imprisonment. But, parole can be regarded as not a reduced term of imprisonment but a new type of execution of punishment converted from institutional treatment into community treatment. Like this, parole means that a convict in confinement is converted from the conditions under institutional treatment to the conditions under community treatment, so this system may bring about the maximum probationary effects only if amicable cooperation between the persons in charge of institutional and community treatment is realized. Accordingly, the criminal policy tends to stress more the importance of community treatment of a convict than that of institutional treatment. From such a viewpoint, in this paper, I inquired into the present situation of the parole system of our country and proposed a plan for improving the parole examination system (Parole Examination Committee and Probationary Supervision Examination Committee), a plan for linking parole to probationary supervision, a plan for making parole activated, etc.

참고 자료

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