少年法上 保護處分에 관한 硏究 : 우리나라 少年保護處分制度와 그 改善方案을 中心으로

다국어 초록 (Multilingual Abstract)

It is a world-wide tedency to divert as well as to treat differently the jevenile delinquents from the criminal justjce. Even though the juvenile delinquents commit crimes, their criminiality is not fixed yet. If our country and society try to make better their circumstances and make an effort to reform the juvenile delinquents in advance, there will be lots of possibility to reform the charcters of the juvenile delinquents. It is a general view that we cannot expect the effective prevention by punishing the juvenile delinquents severely. To punish the juvenile delinquents in custody could not reform, but give them labeling 'of ex-convict as well as a chance to learn new crime, which make them a new convict again.
So the special protective measures with excluding the punishment should be needed to the juvenile delinquents. That is to say, considering of the juvenile delinquents' peculiar characters, we have to understand that the juvenile delinquents are not the object of punishment but the object of protection. we have to reform the juvenile delinquents through education in the humanitarianism, view point of welfare and rehabilitation. It is just the ideal of the juvenile protection, namely, paternalism.
The various protective systems for the juvenile delinquents based on the paternalism are prescribed in the existing Juvenile Law. The most important thing among the systems is the juvenile protective treatments. The main purpose of the protective treatments in the existing Juvenile Law is for the wholesome rearing of juveniles. Ariticle 32 of the Juvenile Law provides seven kinds of the protective treatments. But I think there are lots of problem to have to be solved in the practical application of the protective treatments.
Therefore in this thesis, I studied the problems of the protective treatments prescribed in the Juvenile Law, presented the improvable measures to cope with the serious juvenile delinquencies, and contemplate the wholesome rearing and the effective rehabilitation.
The improvable measures of the juvenile protective treatments presented in this thesis can be summarize as follows:
First, I insist that the juvenile pre-delinquent among the juvenile delinquents prescribed in the existing Juvenile Law should be excluded.
Second, dismissal without hearing and discharge after hearing have to be increased more than present.
Third, in the treatments of Article 32, Paragraph 1, Item 1 of the Juvenile Law, the system of voluntary protector should be developed to secure more voluntary protector. And the trust of a natural guardian superintendence amoung the treatments of Item 1 should be excluded.
Fourth, in the treatments of Article 32, Paragraph 1, Item 2 and 3 of the Juvenile Law, first of all, the number of the probation officer and volunteer probation officer should be increased. In case of entrusting the voluntary probation officer, the positive use of the volunteer of university students should be more considered than present. And from the beginning, the probation officer who has the professional knowledge should be appointed. And the more establishing the probation office should be realize for effective interview and control of the juvenile delinquents.
Fifth, in the treatments of Article 32, Paragraph 1, Item 4 of the Juvenile Law, as a method of increasing the facilities on protective charge, we should not only depend up the civilian facilities on protective charge. we have to positively establish the facilities on protective charge under the District Court The procedure of support and payment for the expenses of the facilities on protective charge must be prescribed definitely.
Sixth, in the treatments of Article 32, Paragraph 1, Item 5 of the Juvenile Law, we need to establish the professional facilities of medical treatment and sanatoria to accommodate the special juvenile delinquents who have disease and so on.
Seventh, in the treatments of Article 32, Paragraph 1, Item 6 and 7 of the Juvenile Law, first of all when we classify the period of commitment in the training school, we must diagnose the misconducted juvenile scientifically and estinate the period for reforming the juvenile's criminality. And also we should reinforce the aspects of reforming-cure in the training school .
Eighth, in the improvable devices of the Community Service Order and Attendance Centre Order, we have to amend the provision of the Juvenile Law in order that these measures will be applicable to the juveniles under 16 years old. Furthermore, the age limitation of the Attendance Centre Order should be abolished and if circumstances require, the Community Service Order and Attendance Centre Order should be able to annex at the sametime. As the case may be, the Community Service Order and Attendance Centre Order are not supplemented to other treatments, but should be able to order independently. We have to develop the various programs of the Community Service Order and Attendance Centre Order, which are suitable and effective to our society.
Ninth, we should be develop the varied protective treatments.
Finally, the above improvable devices of the protective measures have to be supported by two basic points. The two basic points are the positive financial support and the publicity campaign to people by goverment We couldn't expect any activation of the protective measures by passive financial support and entirely depending upon civilian organization. It is necessary to make people comprehension that the protective measures is not the punishment, but the measures for the wholesome rearing. Then we will be able to reduce the negative labeling on the juvenile delinquents and will be able to lead people to join in the reformation and rehabilitation of the juvenile delinquents.

목차 (Table of Contents)

• 제1장 서론 = 1
• 제1절 연구의 목적 = 1
• 제2절 연구의 범위와 방법 = 4
• 제2장 소년보호와 소년사법 = 5
• 제1절 총설 = 5
• 제2벌 비행의 개념 = 6
• 제3절 소년범죄의 동향과 측징 = 8
• 제4절 소년법의 이면에 관한 비판적 검토 = 15
• 제5절 소년사법과 국제규칙 = 25
• 제3장 소년보포처분의 본질 = 34
• 제1절 보호처분의 목적 = 34
• 제2절 보호처분의 강제성 = 35
• 제3절 보호처분의 책임 = 37
• 제4절 보호처분의 보안처분 및 형벌과의 관계 = 43
• 제5절 보호처분의 효력 = 48
• 제4장 외극의 소년보호처분제도 = 55
• 제1절 총설 = 55
• 제2절 미국의 소년보호처분제도 = 56
• 제3절 영국의 소년보호처분제도 = 69
• 제4절 독일의 소년보호처분제도 = 75
• 제5절 프랑스의 소년보호처분제도 = 79
• 제6절 일본의 소년보호처분제도 = 84
• 제5장 우리나라의 소년보호처분제도 = 91
• 제1절 총설 = 91
• 제2절 소년조사관제도 = 92
• 제3절 보호처분의 대상 = 99
• 제4절 보호처분의 종류 = 114
• 제5절 사회봉사명령과 수청명령제도 = 157
• 제6절 우리나라 소년보호처분제도의 문제점과 개선방안 = 170
• 제6장 결론 = 192
• 참고문헌 = 201
• Abstract = 214