일본 보호관찰의 현황 및 그 시사점

Abstract

As a result of recognizing the importance of treatment in society, the extension of probation has been steadily expanded, and accordingly, probation systems based on various laws have been established. Even if the name of probation is the same, there are systems with different legal characteristics, and the contents of probation or the effects of violations must be reviewed individually. In particular, in the case of parole and suspended execution imposed on adults, which account for most of the probation, problems such as the absence of intermediate sanctions in violation of compliance and the limitations of appropriate supervision and treatment have been steadily raised. In this situation, examining foreign-related systems and looking back on Korea's systems can provide a clue to the improvement of our system. Considering that the word probation itself accepted the Japanese term, it is meaningful to look at the current status of probation in Japan. Japan's probation system is the same as ours, but it is distinguished from ours in that partial suspension of execution is allowed. In Japan, as in Korea, partial revocation of suspension of execution is impossible, but unlike in Korea, partial suspension of execution is established to ensure the effectiveness of probation. Those who have been sentenced to suspension of execution for part of their sentences will be treated within society through probation for the remaining period of probation after the detention is terminated. By introducing such a system, Japan is attempting to avoid the problem of a short parole period and solve the problem of difficulty in supervising and supervising upon release. With the recidivism rate of those under probation still high, it is necessary to devise a system that can ensure the effectiveness of probation and secure a sufficient period of treatment in society in Korea.