여성수형자 처우에 대한 국제기준과 법적과제: 인권과 차별금지

Abstract

The purpose of this study is to diagnose the reality of treating female prisoners, derive problems in the treatment of female prisoners regarding human rights and the prohibition of discrimination, and suggest ways to improve the Punishment Execution Act in accordance with international standards. The background of this study is grounded on the basic idea that female prisoners should be treated differently according to women’s physical and psychological characteristics. Based on that, this researcher intends to understand the characteristics of female crimes and female prisoners, diagnose the current status of female prisoners in Korea’s corrections, discover problems by analyzing the aspects of the current law precisely, and devise ways to improve the law on that by considering the tasks to be done in the reality of our corrections. Yet, the overall direction of this study is to set the direction for enhancing our law that slightly falls behind international standards such as the UN’s Minimum Standards and Rules for Detainees in terms of human rights and the prohibition of discrimination and Gender Perspective. Concerning the methods of research, literature review and statistical data analysis have been done mainly to figure out the problems that female prisoners face and solutions for them. With the findings, this author has learned that it is needed to correct and edify female prisoners grounded on respect for humans while treating them and also institutionalize and revise the law in consideration of female prisoners and their children. Lastly, this researcher emphasizes that in any case, female prisoners should be respected in terms of human rights and the prohibition of discrimination and Gender Perspective. It is expected that this study will contribute to improving the treatment of female prisoners in the 21st century.