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박찬걸 한국소년정책학회 2014 少年保護硏究 Vol.27 No.-
Among boys under protection that committed crime duringtheir early days and need to be sent to detention facility withincertain facilities for detention based on the decision by JuvenileCourt, there are boys that need intensive treatment orrehabilitation purpose special education due to drug misuse/abuse, mental retardation, developmental disorder, conductdisorder, ADHD and physical disease. Many issues could arise invarious aspects to detain such boys that need medicalrehabilitation and education together with other boys underprotection sent to ordinary youth detention center. Accordingly,there is a need for differentiated treatment of boys that needmedical rehabilitation & education at different facilities for otherboys that need education such as intensive character educationsuch as emotional refinement and conduct correction, boys thatneed occupational skill development training according to workeroccupational skill development law and boys that needelementary & secondary education. According to Subparagraph 7, Paragraph 1, Article 32 ofcurrent Juvenile Law, Juvenile Court judge can sentence‘entrustment to hospital, rest home or juvenile medical protectionfacility according to the act on the treatment of boys underprotection’ among the types of protective proceeding based onhearing result. This paper will first review the transformationprocess and organizational status of organizations in charge ofmedical rehabilitation & education youth detention center andexamine the present condition of related legislative revisionsfocusing on respective background and significant of the revisionof the act on protective treatment for specifying legal basis ofthe treatment of medical rehabilitation & education youthdetention center, as well as the revision of the act on theconcept reestablishment of boys under protection. In addition, itwill examine the present condition of operation focus onentrustment period, (former) Subparagraph 5 proceedingutilization insufficiency, present condition of the transportation ofthe sentenced of Subparagraph 9 & 10, disorder-specific presentcondition, age- & gender-specific present condition andmisdeed-specific present condition of the sentenced ofSubparagraph 7. In addition, it will review the present condition of actualeducation focusing on newcomer education, classification ofeducation subject and intensive treatment curriculum &organization. After the review of such present conditions, thispaper will search for an advancement plan of medicalrehabilitation & education youth detention center by presentingimprovement plans according to different issues such as theexpurgation of regulation on ‘hospital or rest home’ entrustmentproceeding, segregated detention & individual treatment accordingto subject and the need to establish independent medical rehabilitation & education youth detention center to conclude thediscussion.
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