규문주의적 구조의 징벌제도 개선방안 연구:캐나다 수형자 징벌 제도 도입과 관련하여

Abstract

Since the establishment of the National Human Rights Commission of Korea, the number of complaints regarding ‘investigation and discipline, etc.’ of correctional institutions has reached 5,113 by 2022. Accordingly, Korea Correctional Service continued to strive to minimize complaints by revising laws, etc., changing the reasons for discipline, stipulating three or more external members of the disciplinary committee, and diversifying the types of punishment. However, correctional institutions are still receiving recommendations from the National Human Rights Commission of Korea regarding investigation and discipline regulations, and inmates' complaints are still high. Therefore, I believe that a paradigm shift in the entire discipline system is necessary. Canada is a representative country that has taken such concerns early on and made significant changes to the discipline process of correctional institutions. The beginning and most important point of the complaint is that the current punishment system is an inquisitorial system. Canada is a representative country that has greatly transformed the punishment system for correctional institutions by considering such concerns early on. Canada changed its discipline process from the disciplinary committee to a institutional court/hearing to ensure fairness and procedural legitimacy in the discipline process. We will look at the problems with the current discipline system in our correctional institutions and present the Prison Discipline Process of Canada as an alternative.