초록 열기/닫기 버튼

종전의 형행법은 징벌의 종류 및 내용이 지나치게 단순하고, 법적 근거가 미약하다는 비판을 받아왔다. 이러한 비판을 받아들여 형집행법은 징벌관련조문을 4개 조문에서 11개 조문으로 내용적으로 늘렸다. 그러나 아직도 형집행법에 규정되어야 할 내용의 상당부분이 시행규칙에 규정되어있을 뿐만 아니라 운영 및 실효성면에서 여전히 문제점을 가지고 있다. 수용자 징벌제도는 수용질서 확보나 규율위반에 대한 처벌 그 자체로 끝날 것이 아니라 수용생활에 적응을 유도하고 준법정신과 질서의식을 함양시켜 출소 후 사회의 온전한 구성원으로 생활할 수 있도록 하는 원동력이 되어야 한다. 따라서 법집행에 효율성을 기하여 징벌제도가 수용자 인권보장을 바탕으로 교정시설 내의 질서를 유지하고 수용자 교정교화의 목적을 달성할 수 있도록 형집행법 규정 및 징벌운영을 개선해야 한다.


The penalty execution law to be formulated in 1950 is entirely revised in 2007. The old penalty execution law mandated to a lower rules about the prisoner punishment. but the new penalty execution law rules directly many provisions about the prisoner punishment. this is to accept the scholar opinions. For all the improvement, There are many problems. First, many provisions on the prisoner punishment is still made abstract expression. for instance, "demagogic action", "sexual words and actions" etc. Second, the self-injury as the punishment levy reasons is abolished. many self-injury is enacted the prisoner to achieve their claims. Third, in the organization of punishment committee, the exterior members must be formed a majority. Fourth, to prohibit a reception, communication, outdoor movement as punishment is abolished. these are a fundamental human rights. Fifth, the introduction of the prison term extension is studied. this system needs a few special care prisoners. Sixth, to promote punishment effect, punishment education must be introduced. many punishment prisoners have emotional problems. this system will be provided the opportunity of reflection to punishment prisoners.


The penalty execution law to be formulated in 1950 is entirely revised in 2007. The old penalty execution law mandated to a lower rules about the prisoner punishment. but the new penalty execution law rules directly many provisions about the prisoner punishment. this is to accept the scholar opinions. For all the improvement, There are many problems. First, many provisions on the prisoner punishment is still made abstract expression. for instance, "demagogic action", "sexual words and actions" etc. Second, the self-injury as the punishment levy reasons is abolished. many self-injury is enacted the prisoner to achieve their claims. Third, in the organization of punishment committee, the exterior members must be formed a majority. Fourth, to prohibit a reception, communication, outdoor movement as punishment is abolished. these are a fundamental human rights. Fifth, the introduction of the prison term extension is studied. this system needs a few special care prisoners. Sixth, to promote punishment effect, punishment education must be introduced. many punishment prisoners have emotional problems. this system will be provided the opportunity of reflection to punishment prisoners.