우리나라 치료감호법의 문제점과 개선방안

Abstract

A great attention has been drawn recently to the offences committed by mentally disordered offenders, which make many serious social problems and give rise to public criticism. Eventhough these offenders are deemed to have no responsibility for their behaviours proved as results from mental illness, we have demanded constantly efforts to protect our society from the possible danger posed by the mental disordered who are not legally punished. Nowadays, we should change out point of view regarding mentally disordered offenders from the objects of penal commitment to be treated and protected for the sake of human dignity. This study attempts to identify problems in this area and find measures of improvement concerning the psychiatric institutions in Korea through the interpretation of law and actual analysis. Especially, on Forensic assessment about the competence of the mental disordered, contains the materials on treatability and dangerousness that is firmly decision making by risk assessment and custody standards in America. The disciplines most associated with research on treatability and dangerousness are important factors to examine the competence of mentally disordered offenders to detain in rehabilitative treatment or transfer from prison to hospital and community based treatment. Despite the significant reform in rehabilitative treatment, there still remains several problems. So it is suggested that some proposals be advanced in this field. For example, the treatment department for mentally disordered offender and drug abusers and alcohol addicts should be separated. We will focus that much efforts are given to protect society from dangerousness as well as secure the rights of mentally disordered offenders. Ultimately, the most successful empirical efforts in this study will be those that do not simply determine which laws work, but which laws work best and why.