소년사건처리의 적법절차에 관한 고찰

Abstract

The Revised Bill of The Penal Execution and Correctional Treatment Act was enacted on 21. dec. 2007. This Act surpasses Korean current Prison Act both in the protection of prisoners rights and the improvement of correctional treatment. The Korean Prison Act has been revised several times for the purpose of strengthening the ability of adaptation to a society for prisoners. To resolve the conflicts between the idea that inmates have their consitutional rights and the reality that basic rights of inmates could be confined as necessary, we should discuss more concretely about the scopes and ranges of inmates rights. This paper has put emphasis on the treatment for the Due Process of Law who has been neglected in the treatment to the present. So I have to put emphasis on the legal status of the Due Process of Law(legality, lawfulless). Today, Parens Patriae is no longer reasonable. The reason for this seems to be traditional Juvenile Act in accordance with the educational ideas and Parens Patrie. This study will provide us with useful knowledge theoretically and empirically. In conclusion, this research will be a study for the new way of correctional treatment to prisoners to improve considerably. Traditional ideas of Juvenile Act has degenerated because the increase in juvenile crime and the tendency to focus on principles of Due Process in the juvenile justice process. The traditional ideas of the Juvenile Act should be modified by the constitutional principles named the so-called Due Process of Law. The Juvenile Act should be consistent with the constitution and the theory of constitutional juvenile justice.