보안처분제도에 관한 논의 -보호수용법률안을 통한 보안처분의 활성화방안을 중심으로-

Abstract

The preventive care and custody system of the Republic of Korea is implemented for the purpose of care and remedying those whose mental and physical conditions are complete, the weakminded people, those who are addicted to drugs and alcohols and those with mental disability by having them put in care and custody facilities for a certain period of time. This system takes into consideration of the fact that in the case of those whose mental and physical conditions are incomplete on whom a punishment is not inflicted because they lack proper capabilities to fulfill their responsibilities even though they are likely to do harm to their society and in the case of the weakminded people whose sentence is reduced to less severe punishment. The government enacted The Social Protection Act in 1980 and since then it has implemented the care and custody system as part of custody punishment following the enactment of the Act. The aim of the Act is to prevent criminals from committing a second crime in the future. To speak more specifically, the Act was legislated to get rid of the limitations and restrictions that the nation's criminal punishment procedures had before the enactment of the Act, and by doing so, a legal punishment is inflicted upon a criminal and a criminal is put in facilities for care and remedy of criminals in commensurate with the properties of his or her crimes just on the consideration of a criminal's potential committing illegal acts instead of considering a criminal's past crimes and legal fulfillment of responsibilities associated with his or her punishment. But the System of care and custody is no different from the punishment. A controversy arose over double punishment of the System of care and custody. So the System of care and custody is abolished. For this reason, Medical Treatment and Custody Act is representative of the security-measure. But recently, the Legal bills is proposed. it is a Sicherungsverwahrung. Sicherungsverwahrung is similar to the System of care and custody. So this paper will treat Sicherungsverwahrung. Through the Medical Treatment, Custody recipient’s Medical Treatment and Custody cesser, recipients will return to the society. Since recipient’s return, recipient will be subjected to the probation. But despite a probation officer’s effort, recipient can’t lead a life along with the common citizen. So this paper will show inter-organization cooperation. For example, Police, Institute of Forensic Psychiatry Ministry of Justice, Correctional facility and so on.