현행 보호관찰제도의 문제점과 개선방안

Abstract

This thesis aims to identify the issues with the current probation system and provide directions for reform. The study was undertaken on the basis of the necessity of the probation system gaining status within the criminal policy. In reality there are varying interpretations on the legal characteristics of the probation system, this thesis regards the examination and judgement by the judiciary as an appropriate approach to examine the legal characteristics of the probation system and solidify its status within the criminal policy. For probation at the criminal prosecutorial level, legal evidence on the guidance-conditioned suspension of indictment system must be presented, in addition, the divided process of the prosecutor in charge entrusting the guidance of the disposed directly to either a non-government volunteer organization, crime prevention committee, or to the probation office must be reformed into a single unified process. For probation at the sentencing level, a more efficient scheme must be devised to better utilize the current deferred sentence system suspension of sentence system in order to ensure that the probation, given when the sentencing is deferred, achieves the desired goal. For probation on parole it is more appropriate to delete the proviso clause and opt for conditional probation, this would be more beneficial for rehabilitation into society and prevention of secondary offences. In addition, additional sentences of community service or must be enabled for those on parole. Conditions for probation are treated differently for deferred sentencing suspension of sentence and suspension of execution and the parole system is different again in terms of legal characteristics. Therefore it is inappropriate to disregard these differences by regulating the conditions for probation uniformly and the current legislation cannot be considered as reasonable. It is necessary to regulate in detail and with specificity. For example, conditions for probation generally prohibits entry into a specified area, however the details for the prohibited areas are often unclear and therefore has the potential to over-infringe on freedom. If the security measure improves through the mentioned reform schemes, it will be possible to achieve the goals of efficient management of crime and the protection of human rights.