행형법개정의 의의 -형의 집행 및 수용자의 처우에 관한 법률-

Abstract

This study reviewed the meanings of the amendment for the Amended Criminal Administration Act (The Act on Execution of the Sentence and Treatment of Prisoners). The meaning of the Amended Criminal Administration Act is in that it clarifies the legal status of prisoners and, at the same time, sets the clear goals of the treatment of prisoners, which are correction‐edification and the promotion of social rehabilitation. The most regrettable point of the amended law is that it does not stipulate any specific provision related to prisoners’ self‐conscious will to be transformed. Even if various types of guidance and training are provided for the correction‐edification and social rehabilitation of prisoners in the treatment of prisoners, the goals of correction are not achievable as long as the prisoners passively follow such guidance and training forced unilaterally by the state. The treatment of prisoners can achieve its effect only when the prisoners are aware of the necessity of social rehabilitation and make voluntary and subjective efforts with a strong desire for social rehabilitation. Likewise, social defense by the execution of imprisonment is achieved through the rectification and social rehabilitation of prisoners, so it is undeniable that the most significant meaning of criminal administration is in completing the function. Therefore, the treatment of prisoners is required to arouse such a desire in individual prisoners and encourage their voluntary efforts, and such efforts may induce prisoners to feel obliged to prepare themselves for returning to the society through the execution of imprisonment.