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아동인권 관점에서 본 6호처분(아동복지시설위탁처분)의 개선방안

The Improvement of Protective Disposition No.6 from Viewpoint of Children’s Human Rights

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초록

According to International human rights standards including United Nations Convention on the Rights of the Child, the right of juvenile delinquents should be protected in their social and institutional treatments. It is the same for the referred children in disposition No.6 facilities. To guarantee the right of live for the referred children, it is need to be easily accessible to disposition No.6 facilities. Also, the condition of toilet and shower room should be improved. Medical treatment is needed to be improved in quality. For their right to be protected, the child requiring protection and delinquent juvenile should not be referred to the same institutions. Furthermore, restoration of relations program should be strengthened to solve their family matters. Education for mutual respect is need to prevent violence and maltreatment. For the right to development, the referred children should have equal opportunity of education comparing to general students through educational support. Plus, specialized delinquency prevention program and alternative education should be implemented through network of juvenile delinquency prevention center. Facilities for their social settlement should be provided for Continuous protection and custody. To guarantee the right of freedom, installation of CCTV in their living room should be minimized to protect their privacy and the procedure of petition or appeal should be noticed to them. If there is need for extension of period, the extension should be grounded on objective reasons not on judge’s discretion through provision of juvenile law.

Abstract

According to International human rights standards including United Nations Convention on the Rights of the Child, the right of juvenile delinquents should be protected in their social and institutional treatments. It is the same for the referred children in disposition No.6 facilities. To guarantee the right of live for the referred children, it is need to be easily accessible to disposition No.6 facilities. Also, the condition of toilet and shower room should be improved. Medical treatment is needed to be improved in quality. For their right to be protected, the child requiring protection and delinquent juvenile should not be referred to the same institutions. Furthermore, restoration of relations program should be strengthened to solve their family matters. Education for mutual respect is need to prevent violence and maltreatment. For the right to development, the referred children should have equal opportunity of education comparing to general students through educational support. Plus, specialized delinquency prevention program and alternative education should be implemented through network of juvenile delinquency prevention center. Facilities for their social settlement should be provided for Continuous protection and custody. To guarantee the right of freedom, installation of CCTV in their living room should be minimized to protect their privacy and the procedure of petition or appeal should be noticed to them. If there is need for extension of period, the extension should be grounded on objective reasons not on judge’s discretion through provision of juvenile law.

참고문헌 (19)

  1. 2017년 아동보호치료시설 방문조사 결과보고서, "국가인권위원회", ~ (2017)
  2. 김양곤, "보호관찰대상자에 대한 분류평가의 의미와 활용:소년을 중심으로", 한국범죄학, 1(1) (2007), 대한범죄학회
  3. 박지선, "비행청소년의 전과 유무에 따른 제반 특성 및 위험 요인 비교", 한국심리학회지:법, 6(2), pp.71~84 (2015), 한국법심리학회
  4. 이동임, "6호 처분 보호시설의 문제점 및 개선방안에 관한 연구", 소년보호연구, 31(3), pp.251~284 (2018), 한국소년정책학회[DOI]
  5. 이승현, "아동복지시설 위탁처분(6호)의 문제점과 개선방안", 소년보호연구, 15, pp.253~280 (2010), 한국소년정책학회
  6. 이승현, "중간처우로서 6호처분의 정체성 확립방안", 소년보호연구, 31(2), pp.95~126 (2018), 한국소년정책학회[DOI]
  7. 이승현, "소년범 대상 중간처우제도의 활성화방안: 6호처분을 중심으로" (2017), 한국형사정책연구원
  8. 재범방지를 위한 교정보호의 선진화방안 연구, "정진수", 한국형사정책연구원, ~ (2013)
  9. 정혜원, "시설보호비행청소년의 재범태도 및 영향요인에 대한 성인지적 차이 연구 - 6호 처분 수용 소년을 중심으로", 교정담론, 11(1), pp.185~209 (2017), 아시아교정포럼
  10. 소년보호처분 감호위탁의 문제점과 입법적 개선방안, "조규범", 국회입법조사처, ~ (2010)
  11. 아동청소년 인권보장을 위한 소년사법제도 개선 연구, "최정규", 국가인권위원회, ~ (2018)
  12. "Convention on the Rights the Child, General Comment No.6: Treatment of unaccompanied and separated children outside their country of origin" (2005)[URL]
  13. "United Nations Rules for the Protection of Juveniles Deprived of their Liberty" (1990)[URL]
  14. "General Comment No.10: Children’s rights in juvenile justice" (2007)[URL]
  15. "General Comment No.13: The Rights of Child to Freedom from All Forms of Violences" (2011)[URL]
  16. "Convention on the Rights of the Child" (1989)[URL]
  17. Follow-up Evaluation of Ohio's Community Based Correctional Facility and Halfway House Programs-Outcome Study, "Latessa, E", School of Criminal Justice, University of Cincinnati, ~ (2010)
  18. Nas C, "Effects of a multicomponent peer intervention program for juvenile delinquents on moral judgment, cognitive distortions, social skills and recidivism", Psychology Crime and Law, 11 (2005)
  19. McCarthy B.R, "McCarthy and Matthew Leone", Community Based Corrections (2001)

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