「1개월 이내의 소년원 송치처분」의 개선방안

Abstract

The New Revised Juvenile Act introduces several important provision for juvenile offenders. they are the Protective Disposition(1 month, short time and long time in Juvenile Training School), recommendation toward reconciliation, etc. This Act surpasses Korean current Juvenile Act. both in the protection of Juvenile rights and the improvement of correctional treatment. This studies on the treatment measures in the juvenile reformatory focused on the Protective Disposition No.8Juveniles should be the target of protection rather than punishment even if they commit a crime, because they are an immature being and are easy to be influenced by environment. New Rrevised Juvenile Law was revised in Korea and created provisions to strengthen human rights for juvenile. The Protective Disposition, Juvenile Probation and Parole has been carried out, based on lots of laws and regulations. The recent amendment of Juvenile law will cause a lot of changes for The Protective Disposition, Juvenile Probation and Parole since they are mainly based on Juvenile law. There are neverthless some challenges to be resolved in order to operate these new systems. First, the purpose of The Protective Disposition is to prevent juveniles in the early stage of delinquency from committing recidivism through offering the open treatment based on character-building education. Second, The Training Programs in the Institutionn should be developed in order to enhance expertise of the Juvenile Prosecutor, Juvenile Judge and Juvenile Investigator. Third, to solve these problems, specialized organizations for juvenile delinquent such as Department of Justice should appoint certain private facilities so that the facilities should be intensively managed and supervised. Forth, no rule and standard is not made to deal with yong peaple under the Protective Disposition No.8. Sixth, Protective Disposition No.8 do not considered to produce some problems of the merger with long- term probation, and the expansion of the additional order. Last, for the disposition of Juvenile Protection, should be developed,Individualized treatment, an integral part of institutional programs,intensive short-term treatment and intensive community treatment (attendance center). When the Juvenile Law was revised in 2007, the several dispositions as new protective measures for juvenile were introduced. One of them was the 8th disposition that is to transfer juveniles in a month to juvenile training school. The purpose of this disposition is to prevent juveniles in the early stage of delinquency from committing recidivism through offering the open treatment based on character-building education. From June 2008, the 8th disposition was imposed on juveniles and Daedeok juvenile training school started to operate the special program "Didimdol Academy" for 8th disposition inmates. This study is an analysis of the operating result of the 8th Disposition(in conclusion, proved that the 8th disposition is an effective measure for juveniles in early stage of delinquency) and suggests the alternatives to improve the effectiveness of the Protective Disposition.