소년법상 상대적 부정기형제도에 대한 소고

Abstract

Indeterminate sentence is recognized as a suitable system for achieving the goal of edification and improvement of boys. In practice, it is not too much to say that indeterminate sentence is the main form of sentencing for boys. Of course, some problems(Clarification of short-term and long-term standards of indeterminate sentence, discretionary control of enforcement agencies, etc.)are raised, but the important context of indeterminate sentence is evaluated positively. In other words, indeterminate sentence has a non - specificity of prison term as a basic concept factor, and the flexibility to adjust prison term increases the effect of correction and edification of the boy. In order for indeterminate sentence to be successful, the meaning (or ideology) of the system should be handled well in practice. However, according to the results of this study, it is confirmed that there is a lot of gap between the purpose of indeterminate sentence and the operation of reality. Above all, the uncertainty of the standard of punishment in indeterminate sentence and the imbalance of sentence caused by it do not sufficiently respond to the request of legal stability and predictability. The appropriateness and uniformity of the sentence should not be overlooked because of the individualization of treatment appropriate to the characteristics of the boy. If a system with an ideal form is not appropriate for its operation, or if it does not fully exert its effect, then it may not be necessary to prematurely block the best alternative plan that can reduce the problem. Establishment of sentencing standards for juvenile offenders, the parole system, which can be released sooner than the demands of the criminal law, could be the next best thing.