민영교도소의 한계와 대안: 영리화 비판을 중심으로

Abstract

The purpose of this Study is to conduct a critical review on the introduction of for-profit private prison. To be specific, this Study points out the limitations of the current private prisons and contemplates on whether for-profit private prisons can be a legitimate alternative. In the case of Somang Prison, a private prison currently in operation in South Korea, the prison facilities are owned by Agape, which is a private foundation. The State does not pay rent for the facilities. Somang Prison is entrusted with the entire management works for the prison facilities by the State, and the prison is operated as a non-profit (religious) prison. Non-profit operation is problematic because the State only pays for the operation cost required for inmate management without paying the rent for the use of the facilities, which makes it difficult to secure the funds to operate the prison. Then, is a for-profit prison can be an alternative to address these issues? Firstly, it is still difficult to justify a private-operated prison. Execution of criminal sentences should be regarded as belonging to the exclusive power of the State. Even when delegating the execution to other entities, such delegation should be kept to a minimum. The second problem is whether the profit-seeking motive of a private prison can be compatible with the public interest-seeking nature of prison operation. Even when the State delegated its power of punishment, such delegation cannot be regarded as including the relationship between prisoners and the State. If a for-profit private prison is allowed, prisoers will be subject to a ‘privately mediated’ power relationship with the private firm operating the prison. The private prisons currently in operation needs to be reasonably operated to the possible extent. To achieve reasonable operation, the following is required. First, private prisons need to remain non-profit as they are today. Secondly, the State needs to pay for at least 90% of the prison operation expenses. Thirdly, in order to ensure the autonomy of operation for private prisons, the State should guarantee their autonomy as much as possible, while maintaining continuous management and supervision. Lastly, the experimental and autonomous programs of private prisons need to be actively encouraged, and future efforts need to be made to incorporate those programs into state-run prisons.