Ch.01 교정학 서론

제1절 교정학의 의의 ·······························································17

Ⅰ. 교정···························································································· 17

1. 교정의 개념 / 17

2. 교정개념의 범위 / 17

3. 교정의 목적 및 이념 / 18

4. 행형(行刑)과 교정(矯正) / 19

Ⅱ. 교정학······················································································· 19

1. 교정학의 개념 / 19

2. 교정학의 특징 / 20

3. 교정학의 발전 / 21

제2절 교정의 역사 ··································································23

Ⅰ. 교정의 시대별 전개 과정·························································· 23

1. 복수단계 / 23

2. 위하단계 / 23

3. 교육적 개선단계 / 23

4. 과학적 처우단계 / 24

5. 사회적 권리보장단계 / 24

Ⅱ. 우리나라 교정의 역사······························································· 25

1. 고대 / 25

2. 삼국시대 / 26

3. 고려시대 / 27

4. 조선시대 / 28

5. 갑오개혁 이후 대한제국시대 / 34

6. 일제시대 / 35

7. 미군정시대 / 35

8. 대한민국 행형제도의 성립 / 36

Ⅲ. 주요 교정관련 국제기관···························································· 38

1. 국제범죄인류학회(I.K.K) / 38

2. 국제형사학협회(I.K.V) / 39

3. 국제형법 및 형무회의(I.C.P.P) / 39

4. UN 범죄방지 및 범죄인 처우회의 / 39

5. 국제범죄학회(I.S.C) / 39

6. 국제사회방위협회 / 39

제3절 교정시설 ········································································40

Ⅰ. 의의··························································································· 40

Ⅱ. 연혁··························································································· 40

Ⅲ. 교정시설의 발전········································································ 40

1. 1555년 영국의 브라이드 웰 교정원(Bridewell house of correction) / 40

2. 1595년 네덜란드의 암스테르담 노역장(Amsterdam Zuchthaus, 징치장) / 40

3. 1704년 이탈리아의 산 미켈레(San Michele) 감화원 / 41

4. 1773년 벨기에의 간트(Gand) 교도소 / 41

5. 1790년 미국의 월넛 구치소(Walnut Street Jail) / 41

6. 1876년 미국의 엘마이라(Elmira) 감화원 / 41

7. 1914년 미국의 오번(Auburn) 교도소 / 41

Ⅳ. 교정시설의 건축구조································································· 42

1. 분방형(分房型) / 42

2. 파빌리온(pavillion)형 / 42

3. 파놉티콘(Panopticon)형 / 42

4. 오번(Auburn)형 / 42

5. 캠퍼스형 / 43

6. 정원형 / 43

Ⅴ. 우리나라의 교정조직 및 교정시설············································ 43

1. 의의 / 43

2. 중앙기구 / 43

3. 지방교정청 / 46

4. 일선 교정기관 / 48

제4절 수형자 구금제도 ····························································51

1. 개관 / 51

2. 하워드(John Howard)의 감옥개량운동 / 51

3. 구금제도 / 52

제5절 수용자의 법적 지위 ······················································55

1. 의의 / 55

2. 역사적 전개 / 55

3. 기본권 제한의 근거 / 57

4. 절대적 기본권과 상대적 기본권 / 57

5. 수용자의 권리 / 58

6. 수용자의 의무 / 59

제6절 교도소 사회 ··································································60

1. 수형자사회 / 60

2. 수형자와 교도관의 관계 / 64

3. 교도관의 사회 / 65

제7절 교정과정에 있어서의 문제 ············································68

1. 과밀수용 / 68

2. 교정사고 / 72

제8절 범죄인 처우모델 및 처우의 기본원리 ··························73

1. 범죄인 처우모델 / 73

2. 범죄인 처우의 기본원칙 / 75

3. 범죄인 처우의 유형 / 77

제9절 범죄인 처우의 개선을 위한 논의 ·································78

1. 개관 / 78

2. 사회적 처우 및 사회내 처우의 확대 / 78

3. 비범죄화와 비형벌화 / 79

4. 다이버전(Diversion, 전환) / 80

5. 수형자 자치제도(Inmate Self-Government System) / 81

6. 카티지제(Cottage System) / 83

7. 회복적 사법 / 84


Ch.02 시설내 처우

제1절 형의 집행 및 수용자의 처우에 관한 법률의 의의, 법적 성격

및 기능·········································································92

1. 형집행법(형의 집행 및 수용자의 처우에 관한 법률)의 의의 / 92

2. 형집행법의 법적 성격 / 92

3. 형집행법의 기능 / 93

제2절 형집행법 총칙 ·······························································94

1. 목적(제1조) / 94

2. 용어의 정의(제2조) / 94

3. 적용범위(제3조) / 94

4. 인권의 존중(제4조) / 94

5. 차별금지(제5조) / 95

6. 교정시설의 규모 및 설비(제6조) / 95

7. 교정시설 설치 ㆍ 운영의 민간위탁(제7조) / 96

8. 교정시설의 순회점검(제8조) / 96

9. 교정시설의 시찰 및 참관(제9조) / 97

10. 교도관의 직무(제10조) / 98

* 교도관직무규칙(법무부령) / 98

11. 범죄횟수(시행규칙 제3조) / 108

제3절 수용자의 처우 ·····························································109

Ⅰ. 수용과 이송············································································· 109

1. 수용 / 109

2. 이송 / 115

* 수형자 등 호송 규정(대통령령 제28660호) / 117

* 국제수형자이송법 / 119

Ⅱ. 물품지급·················································································· 126

1. 생활용품의 지급(법 제22조) / 126

2. 음식물의 지급(법 제23조) / 129

3. 물품의 자비구매(법 제24조) / 131

Ⅲ. 금품관리·················································································· 133

1. 휴대금품 / 133

2. 수용자의 물품소지(법 제26조) / 136

3. 수용자에 대한 금품교부(법 제27조) / 136

4. 영치금품의 반환(법 제29조) / 137

5. 유류금품의 교부(법 제28조) / 138

Ⅳ. 위생과 의료············································································· 138

1. 위생 ㆍ 의료 조치의무(법 제30조) / 138

2. 위생 / 138

3. 의료 / 140

Ⅴ. 접견 ㆍ 서신수수 및 전화통화··················································· 144

1. 외부교통권 / 144

2. 접견 / 145

3. 서신수수 / 151

4. 전화통화 / 155

Ⅵ. 종교와 문화············································································· 159

1. 의의 / 159

2. 종교 / 160

3. 문화 / 163

Ⅶ. 특별한 보호············································································· 168

1. 의의 / 168

2. 여성수용자의 처우 / 168

3. 노인수용자의 처우 / 171

4. 장애인수용자의 처우 / 172

5. 외국인수용자의 처우(법 제54조 제3항) / 173

6. 소년수용자의 처우(법 제54조 제4항) / 174

Ⅷ. 수형자의 처우········································································· 176

1. 처우제도 / 176

2. 수형자 처우 통칙 / 178

3. 분류심사 / 181

4. 처우등급 및 처우등급별 처우 / 187

5. 교육과 교화프로그램 / 194

6. 작업과 직업훈련 / 201

7. 귀휴 / 218

Ⅸ. 미결수용자의 처우·································································· 224

1. 미결수용자의 의의 / 224

2. 미결수용자의 법적 지위 / 224

3. 현행법상 미결수용자의 처우 / 224

Ⅹ. 사형확정자·············································································· 232

1. 사형확정자의 의의 / 232

2. 현행법상 사형확정자의 처우 / 233

XI. 안전과 질서············································································ 236

1. 계호 / 236

2. 금지물품, 검사 등 / 239

3. 교정장비 / 241

4. 재난 시의 조치 / 257

5. 수용을 위한 체포(법 제103조) / 257

6. 엄중관리대상자 / 259

XII. 규율과 상벌··········································································· 265

1. 규율 / 265

2. 포상 / 265

3. 징벌 / 266

XIII. 권리구제··············································································· 283

1. 개관 / 283

2. 비사법적 권리구제수단 / 284

3. 사법적 권리구제수단 / 294

제4절 수용의 종료 ································································297

1. 의의 / 297

2. 가석방 / 297

3. 석방 / 309

4. 사망 / 312

제5절 교정자문위원회 등 ······················································314

1. 교정자문위원회 / 314

2. 교정위원 / 316

3. 기부금품의 접수(법 제131조) / 317

제6절 벌칙 ·············································································318

1. 주류의 반입 등(법 제132조) / 318

2. 출석의무 위반 등(법 제133조) / 318

제7절 민영교도소 제도 ·························································319

1. 의의 / 319

2. 논의배경 / 319

3. 연혁 / 319

4. 민영교도소 등의 설치 ㆍ 운영에 관한 법률 / 320

제8절 UN 피구금자 처우에 관한 최저기준규칙(만델라 규칙)

[= United Nations Standard Minimum Rules for the Treatment of Prisoners(the Mandela Rules)] ········329


Ch.03 사회적 처우와 사회내 처우

제1절 사회적 처우 ································································357

1. 의의 / 357

2. 연혁 / 357

3. 사회적 처우의 장 ㆍ 단점 / 357

4. 사회적 처우의 유형 / 358

제2절 사회내 처우 ································································363

1. 의의 / 363

2. 연혁 / 363

3. 사회내 처우의 장 ㆍ 단점 / 363

4. 지역사회교정 / 364

5. 중간처벌 / 366

6. 사회내 처우의 형사절차상의 단계에 따른 구분 / 367

7. 사회내 처우의 종류 / 368