수용자 자녀들의 상황과 관련제도의 과제: 아동의 권리를 중심으로

Abstract

This study analyzed the current status of the rights of children of incarcerated parents and related policies. The goal of the study is to ensure that basic rights are guaranteed for children with incarcerated parents whose rights aren’t protected due to the status of the parents. In this study, the rights of children with incarcerated parents are defined as the Right to Survival, Right to Development, Right to Protection, Right to Participation, and Right to Maintain Personal Relations and Direct Contact with both Parents on a Regular Basis. These definitions are based on the rights of children according to the ‘UN Convention on the Rights of the Child.’ For this study, official statistics and previous studies were re-analyzed and it concluded by providing possible improvements to current correctional policy and related systems. The main findings are as follows. First, on a daily basis, the average number of children of incarcerated parents is 22,000. On an annual basis, the amount of the children is around 32,000. Among these population approximately 18,000 children are new persons. Meanwhile, when looking at the child’s basic rights depending on the parent’s incarceration period, the child’s Right to Survival was most threatened during the beginning stages of incarceration. The child’s Right to Development was affecting children long-term when they experienced psychological damage and the child’s Right to Protection could not be provided by their parents if the parent’s incarceration period lengthened. The child’s right to Maintain Personal Relations and Direct Contact with both Parents on a Regular Basis grew as the parent’s duration of incarceration lengthened. Second, in reviewing current incarceration institutions, the study reviewed the current status of related laws and visitation programs as well as provided ways to vitalize the Right to Maintain Personal Relations and Direct Contact with both Parents on a Regular Basis for children with incarcerated parents. Third, for related policies, the study discusses the recent ‘Embracement National Child Policy’ as well as legal, political, and human rights perspectives in analyzing the social status of children with incarcerated parents. It also discusses the limitations of related policies. Finally, to ensure the rights of children with incarcerated parents, the study suggests ‘approaches centered on the child’ and ‘increased responsibility of the nation’ as the fundamental support principle. The study also suggests ways to improve incarceration institutions and related policies per basic rights(Right to Survival, Right to Development, Right to Protection, Right to Participation, Right to Maintain Personal Relations and Direct Contact with both Parents on a Regular Basis).