행형법 전부개정법률안의 수용과 관련한 보완적 고찰

Abstract

The revised Bill of Prison Act was introduced into National Assembly by government on 26. april 2006. This bill surpasses Korean current Prison Act both in the protection of prisoners' rights and the improvement of correctional treatment. nevertheless with many regrets there are some problems to solve in our bill between guaranteeing prisoners' Fundamental Rights and maintaining order and safety in the penal institution therefore this studies were concentrated on making up for the week points in this bill. focusing on the imprisonment, contact with the outside world of the prisoners (the right to ask an interview with , and to correspond with) and disciplinary punishment in prison in view of the fundamental rights of prisoners. Discussing the inmate rights are frequently seen by the public as un necessary expenses and luxuries but all persons are dignified although they are criminals. therefore Prisoners' fundamental rights should be respected in order to confirmation their human dignify. The following is the suggestions of these studies. 1. Contact with the outside world of the prisoners is guaranteed to the utmost for the purpose of both re-socialization and prisoners' human rights. 2. Prison overcrowding issues should be solved as soon as possible for prisoners' human dignify. 3. Surveillance by cctv to maintain order and safety there must be a great danger to violence the prisoners' privacy rights. so the surveillance of prisoners' cells by cctv must not be permitted. 4. Prohibition of writings, prohibition of mail and visit, prohibition of autdoor exercises does not appropriate for the disciplinary punishments. 5. Solitary confinement in the most critical disciplinary punishments so it should be limited to maximum 30days.