독립된 제재수단으로 사회봉사명령 활용의 제고방안

Abstract

Community treatment refers to a penitentiary system where a performer receives a guidance and control for a specific period of time, living a free life in his/ her community without being in custody in a specified facility. Institutional Treatment premised on custody of the body involves coercion and compulsion, which inevitably limits spontaneity that an offender is willing to return to the community. Accordingly, waste of human and material resources is followed and results of practical and empirical studies also came out. It was the community treatment that started to be established in the late 19th century under the consideration on criminal policy for more efficient treatment of offenders. Considering the global trend in treatment of offenders, while up to 1975 several techniques of the community treatment had aimed for improving education, since 1975, new community treatment has developed, introducing punitive elements into the existing community treatment. Although the community service order system in the community treatment especially plays retributive and preventive roles of a punitive goal, in the sense that it is reconciliation between the community and an assailant based on the philosophy of Restorative Justice, it can be evaluated as sanction which can be flexibly applied despite this paradigm-shift. Thus, this paper is planning to examine the meaning of the community treatment, which was developed from harmful consequences of the Institutional Treatment, as criminal sanctions and consider significance of the community service order system, which is a part of the community treatment, as criminal sanction and go further and suggest its utilization.