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韓國 更生保護制度의 問題點에 관한 考察 : Probation and Prisoners Aid System
柳寅鶴 漢陽大學校 1974 論文集 Vol.8 No.-
The system of Kaengsaingboho is the prevention of crime and delinguency, especially the prevention of repetition of an offense, by the excution of probation and prisoner's aid on whom is out of the prison and has some possibility to offense. This is the same system of Anglo-America probation system plus its prisoner's Aid system. Originally in Anglo-America, this has developed from the correction and rehabilitation process for offender in the free society with the effective enforcenment of a kind of probation and parole, the conditional suspension of criminal punishment. Since 1943, Korean authority had carried out passively Japanese Prisoner's Protecton Act enacted in 1939. Since 1961, we have carried out this promulgated Act in 1963. Its aim is to decrease an injurious effect of a short-term confinable purnishment(Frei- heitsstrafe), to reduce accomodation capacity in the correction board and juvnile reform school, to increase economically advantages in criminal administration, to utilize effectively resources in society for anti-criminal struggle(Psychiastric hospital, vocational guidance, church and social welfare institution), to establish the basement to enable anticriminal struggle in the free society. Foreign countries have taken this system to meet the rapid raise in the crimiinal rate, especially the recividism in recently criminal phenomenon. Also Korea has suffered the increasement of offenders and the aggravation of the criminal quality, derived from socio-pathology resulted from hurried modernization. Though this asks to reform and enforce the one kind of punishment system; the Kaengsaingboho, it is very passive and formal in pratice. This operation is often harmful. In order to produce effect, it needs to reform this system as follow: First, in the nowadays Korean adopted voluntary probation and prisoner's aid system, in which civil organization excutives by itself according to discharged prisoner's demand. But Korea must adopts the authorized probation and prisoner's aid system as foreign countries: England, U.S.A., Japan, has been adopting conditional parole and reprive system (mainly authoried probation system). Second, financial stringency brings serious embarassment to the operation of Kaengsaingboho system. In 1973, the total income is ₩87,157,900 which consists of national aid's 22,615,000, properties' income ₩34,008,800 and business' income ₩30,534,100. This income was so poor in comparison with foreign examples and real needed business fund for its operation that it needs a daring reformation. Third, it asks reformation in the Department of Justice. Because, in order to get effect in Kaengsaingboho system and to enforce authorized probation and prisoner's aid system, recently the matters under the Jurisdiction of the Kaengsaingboho Charge, Management Section, the Department of Correction, in The Department of Justice, must be changed into the Department of Kaengsaingboho, Department of Justice like Japan. It is also a problem to strengthen the central committee of Kaengsaingboho, local committee of Kangsaingboho in accordance with a district court of Justice and probation office. Last, they must improve the qualities of its employees and make them to devote themselves to their business only. Recently the employees consist of influential persons in their district who work without recompense and are lack in proffesional knowledge and technique. In future, they must employ salaried persons and train sufficiently their proffesional knowledge and technique.