현행 보호관찰제도의 과제

Abstract

This study is the critical review on the problems and the improvement of the Probation and the Parole in Korea. Nevertheless, there are some challenges to be resolved in order to operate these systems(for avoiding especially the encroachment upon personal rights). According to the current Probation and Parole Law, the rehabilitation means to facilitate the reentry into society through the guidance and the care for people who is recognized as having the potential to deter from the recidivism. Therefore, this study examines problems in the current applications of the rehabilitation programs, and suggests the improvements. For social reentry programmes of the incarcerated, various programmes need to be developed and implemented, and personality programmes to improve human relations need to be expanded. The rehabilitation of released prisoners is a central issue like in many countries including USA, and Japan. Released prisoners are easily exposed to commit considerable numbers of crimes in society. This study will provide us with useful knowledge theoretically and empirically, especially on the community-based rehabilitation for the prevention of the recidivism of the released prisoner In our country, the probation and the parole have been applied to juveniles already from 7. 1. 1989. As to adults, it was introduced in the Criminal Law and has been applied as from 1. 1. 1997. The probation and the parole would serve as an opportunity for new understanding of penalty. Under korean criminal law, the Probation and the Parole are not only a modified version of suspended sentence, but also surely a species of security-measure. In other words, the Probation and the Parole , which were originally invented to supervise and rehabilitate offenders, expand its function to protect normal citizen and defend society. In addition, it necessarily seeks harmony with the restorative justice which contrasts with traditional criminal justice systems. Today, in our society, serious concern about protection from crimes and the revision of existing penal system are demanded. The necessity and significant of probation and parole, especially, is the prevention of crimes and a new idea of penalty. The purpose of this dissertation is to examine the concept of probation and parole, in law related to probation and parole, realities of probation and parole, specially, and problems of crime prevention in local community. The probation and parole system are characteristic of managing criminals in the community. For this reason, the protection for them from consecutive offenses is directly related to the function of national security. To improve this situation and bring specialization of probation, increasing manpower of probation and parole, and reforming organization to be regulated mainly by probation officersthemselves are needed. In addition, cooperation with the related agencies can also contribute to crime prevention in local community.