보호감호제도에 대한 비판적 고찰

Abstract

With regard to the press recidivist law for a criminal before the feasibility of coping with penalty goal, execution goal and secure disposal, the reintroduction of the protective custody system was tested. The purpose of punishment and the row type and disposition in security, in tandem with the rehabilitation of the offender and the disposition of the security system and a penalty goal execution, act as a complementary system. Security issues can be a problem in terms of the fact that we have already punished a habitual offender for the press. This means a double punishment. Thus, we need to introduce the rehabilitation of the offender Press habitual offender legislations tends to cope with the press of habitual offender for any type of pressure. Countries with the protective custody have already abolished the Revised Penal Code. Instead, a complement to the weight of the habitual criminal sentence has been enhanced. Protective custody disposition was abolished because of the principle of double punishment prohibition violations, breach of the principle of banning excessive punishment, handling difficulty of judging the risk of offenders. As a result, protective custody institutional and operational issues can be raised. Nevertheless, the recent revival of the system through protective custody at high risk of re-painting and social protection of criminals are trying to achieve. The disposition of the security, which is intended to supplement the limitation of the penalty, is a system. In addition, the Criminal Justice System has the protective custody and the nature of urgent measures of the ultimate penalty because it has a disposal system and other security can not achieve the intended purposes with the institutional values that will exercise. Our country has greatly enhanced the penalties for violent criminals including sex offenders including chemical castration, the identification of sex offenders, and electronic bracelets for social protection. We have a problem to reintroduce the current correction in terms of treatment which is operated under the very harsh protective custody system.