행형의 목적으로서 재사회화 의미와 한계: 인격교정 재사회화 프로그램을 중심으로

Abstract

The purpose of this thesis is to find out if the ‘prisoners’ character correction program can be justified which is being considered important in the correction programs while thinking about the limits of correction. It is quite hard to propose the methods of realizing resocialization that can be allowed in a constitutional state but if we can gradually exclude the unjustifiable methods, the range of these methods can be reduced and the abuse of human rights of the prisoners can also be reduced so it is necessary to check the legitimacy of a new program before and right after the application of itself. The purpose of our criminal administration laws have the purpose of the resocialization of the prisoners. Resocialization contains various concepts and the treatment of the prisoners can be quite different according to how we define it but at the moment it is not quite clear how we can realize it. Therefore it is important to find out the meaning and setting up the limits of resocialization. Resocialization focused on the supplement of social deficiencies in the past and gradually changed its goals to prevent crime by correcting the characters of criminals according to the advances in social science and the people’s demand for a safe society. Following this trend, correctional institutions are applying character correction programs as a method of resocialization. This thesis took a look at the possibilities of various purposes of the meaning and limits of resocialization as the purpose of correction to check the legitimacy of the character correction programs and confirmed the superiority of resocialization purposes. The completion of this thesis takes a look at the meaning of resocialization in correction and the problems and limits which it carries. The conclusion is that the correction of character has an important role in the field of resocialization and character correction programs should not be totally prohibited. But the current system of applying this program to all prisoners may lack legitimacy on terms of humanitarian, constitutional, correction economical and effective reasons and therefore when the method of resocialization is applied, we must respect the autonomy of the prisoners as much as possible and minimum intervention should be performed.