보호시설 감호위탁처분(6호 처분)의 개선방안

Abstract

The New Revised Juvenile Act introduces several important provision for juvenile offenders. they are the Protective Disposition, recommendation toward reconciliation, etc. This studies aims to survey on the treatment measures in the juvenile reformatory focused on the Protective Disposition No.6. Juveniles should be the target of protection rather than punishment even if they commit a crime, because they are an immature being and are easy to be influenced by environment. The recent amendment of Juvenile law will cause a lot of changes for The Protective Disposition, Juvenile Probation and Parole since they are mainly based on Juvenile law. There are neverthless some challenges to be resolved in order to operate these new systems. First, to solve these problems, specialized organizations for juvenile delinquent such as Department of Justice should appoint certain private facilities so that the facilities should be intensively managed and supervised. Second, for the disposition of Juvenile Protection, should be developed, Individualized treatment, an integral part of institutional programs,According to Juvenile Act article 32(1)6, the protective disposition No.6 refers to fully protect the child, to a Child Welfare Institution regulated by Chile Welfare Act or other protective facilities. Even though the need to revitalize No.6 is getting bigger resulting from increase of child crime, the rate of disposition of No. 6 is under 3% recently because of lacking facilities. The reason why the No. 6 has not been widely used is as follows. The facilities for the No. 6 are divided to two groups : child welfare institutions by Child Welfare Act and juvenile protective facilities by court's order. The division has made constant support of budget and personnel for the facilities impossible, and the institutions for the No.6 assigned to each community are significantly lacking and the personnels are not professional enough. To solve these problems, specialized organizations for juvenile delinquent such as Department of Justice should appoint certain private facilities so that the facilities should be intensively managed and supervised.