현행 가석방제도의 개선방안

Abstract

I attempt to research the problems to introduce the legal framework for earlyrelease. The Purpose of this research is a Study on the alternative for CurrentParole Decision System. Therefore it will attempt to find an efficient means insteadParole decision and sometime will be useful to avoid possible waste of time andenergy. Release from custody in penal institution before period of custody has been fullyserved another example of the co-existence in Korea Criminal Law of retributism(justice model) and utilitarian (correction model) principles. The earliest form of early release was the ticket of leave system, awardedbehaviour to offenders. This was later replaced by forms of remission(good-timesystem). The terms of the release determine whether the non-custodial period operates asa continuation of punishment in any meaningful sense in the community. Parole System differs in each nation because this system is relate to socialcircumstances, political and economic surroundings, historic and culturalBackground. Therefore we study the foreign contries cases, but we have concluded that wemust find out our own systems that are appropriate our social circumstance. For the successful enforcement of Parole System supervision, conditions and rulesrequired for inmate must be rigorously observed. These conditions and rules, however must be properly enforced with the consideration of individual problems and need. This study will provide us with useful knowledge theoretically and empirically. But there are many practical difficulties in treating these problems. In conclusion, this research will be a study for the new way of correctionaltreatment to prisoners to improve considerably. The improvement of prisoners treatment could be fitted to the 21st century rather than the present status.