2019 ESSENCE 에센스 교정학 : 교정학편

Ⅰ교정학의 기초이론
제1장 개 관 ························································· 10
제1절 교정의 의의 ············································· 10
01 교정의 개념 ············································ 10
02 교정의 범위 ············································ 11
03 교정의 체계적 지위 ································ 12
04 행형과 교정 ············································ 13
제2절 교정의 목적(이념) ································· 14
01 응보적 목적과 공리적 목적 ····················· 14
02 공리적 측면에서의 처벌모형 ·················· 15
제3절 교정처우모델 ·········································· 20
01 의 의 ······················································ 20
02 교정처우모델의 유형 ······························ 20
제4절 교정의 특성 ············································· 27
01 사실적 관점:복잡성 ································ 27
02 학문적 관점:종합과학성 ························· 27
제5절 교정학의 의의 및 발전 ························· 32
01 교정학의 의의 ········································ 32
02 교정학의 발전 ········································ 33
제6절 범죄인처우의 기초이론 ························ 36
01 범죄인처우의 개념 ································· 36
02 범죄인처우의 유형 ································· 37
03 범죄인처우의 기본원리 ·························· 38
제2장 교정역사론 ·············································· 41
제1절 세계의 교정역사 ····································· 41
01 교정발전의 5단계 ·································· 41
02 교정관련 국제회의 ································· 44
제2절 우리나라의 교정역사 ···························· 54
01 고대시대 ················································ 54
02 삼국시대 ················································ 56
03 고려시대 ················································ 58
04 조선시대 ················································ 61
05 갑오개혁~한일합방 ································ 72
06 일제강점시대~미군정시대 ······················ 75
07 대한민국 ················································ 77

Ⅱ교정처우론
제1장 총 론 ························································· 80
제1절 ｢형의 집행 및 수용자의 처우에 ·········· 80
관한 법률｣ 개관
01 형집행법의 의의 ····································· 80
02 형집행법의 성격 ····································· 80
03 형집행법의 기능 ····································· 82
04 형집행법의 목적 및 용어의 정의 ············· 83
05 형집행법의 적용범위 및 위임범위 ··········· 83
제2절 교정시설 ··················································· 86
01 교정시설의 의의 및 연혁 ························ 86
02 교정시설의 법적 성격 ····························· 89
03 교정시설의 구분 ····································· 89
04 교정시설의 건축구조 ······························ 91
05 교정시설의 규모 ····································· 94
제3절 교정조직과 교정공무원 ························ 96
01 교정조직 ················································ 96
02 교정공무원 ············································· 99
제4절 교정시설의 감독 및 공개 ····················· 101
01 순회점검 ················································ 101
02 시찰 및 참관 ··········································· 103
제5절 구금제도 ··················································· 105
01 개 요 ······················································ 105
02 혼거제 ··················································· 106
03 독거제 ··················································· 107
04 기타 구금제도 ········································ 112
05 현행법상 구금제도 ································· 120
06 과밀수용 ················································ 123
제6절 수형자의 법적 지위 ······························· 128
01 개 요 ······················································ 128
02 수형자의 권리 ········································ 132
03 수형자의 의무 ········································ 135
제7절 수용자의 권리구제제도 ························ 136
01 개 요 ······················································ 136
02 비사법적 권리구제제도 ·························· 138
03 사법적 권리구제제도 ······························ 148
제8절 교도소 사회론 ········································· 151
01 교도관의 세계 ········································ 151
02 수형자사회 ············································· 153
제9절 분류처우 일반론 ····································· 161
01 개 관 ······················································ 161
02 수형자분류의 목적 ································· 164
03 수형자분류의 전제조건 ·························· 165
제10절 현행법상 분류처우 ······························ 166
01 개 관 ······················································ 166
02 분류심사 ················································ 167
03 분류기준 ················································ 173
04 소득점수 ················································ 176
05 처우등급별 처우 ····································· 178
제11절 누진처우 ················································ 184
01 의의 및 연혁 ··········································· 184
02 누진처우와 분류제의 관계 ······················ 185
03 누진처우의 유형 ····································· 185
04 누진처우제도의 문제점 ·························· 188
제12절 교정상담 ················································ 189
01 의의 및 특징 ··········································· 189
02 교정상담의 유형 ····································· 189
03 교정상담자 ············································· 191
04 교정상담의 기법 ····································· 191
제2장 시설내처우 ·············································· 197
제1절 수 용 ························································· 197
01 의 의 ······················································ 197
02 수용요건 ················································ 198
03 수용의 구분 ············································ 198
04 수용의 거절 ············································ 200
05 수용의 절차 ············································ 200
06 수용자의 이송⋅호송⋅일시석방 등 ······· 204
제2절 물품지급 ··················································· 207
01 개 요 ······················································ 207
02 물품지급의 내용 ····································· 208
03 물품의 자비구매 ····································· 209
제3절 영 치 ························································· 211
01 개 요 ······················································ 211
02 영치의 절차 ············································ 212
03 영치금품의 사용 및 처분 ························ 214
제4절 위생과 의료 ············································· 217
01 개 요 ······················································ 217
02 위 생 ······················································ 217
03 의 료 ······················································ 218
제5절 외부교통 ··················································· 223
01 개 요 ······················································ 223
02 접 견 ······················································ 224
03 서신수수 ················································ 230
04 전화통화 ················································ 234
제6절 종교와 문화 ············································· 238
01 종교행사 ················································ 238
02 도서비치 ················································ 240
03 신문⋅잡지⋅도서의 구독 ······················ 240
04 라디오 청취 및 텔레비전 시청 ················· 241
05 집 필 ······················································ 243
제7절 특별한 보호를 요하는 수용자의 처우 ·· 245
01 개 요 ······················································ 245
02 여성수용자의 처우 ································· 245
03 유아의 양육(대동유아) ··························· 246
04 노인수용자⋅장애인수용자 ····················· 248
⋅외국인수용자의 처우
제8절 교육과 교화프로그램 ···························· 252
01 교 육 ······················································ 252
02 교화프로그램 ········································· 257
03 교정위원 ················································ 258
04 기부금품 ················································ 260
제9절 교도작업 ··················································· 261
01 의의 및 연혁 ··········································· 261
02 교도작업의 목적 ····································· 262
03 교도작업의 운영 ····································· 263
04 교도작업의 종류 ····································· 266
05 작업장려금 ············································· 271
06 위로금 및 조위금 ···································· 272
07 관련문제 ················································ 273
제10절 직업훈련 및 취업지원 등 ··················· 278
01 직업훈련 개요 ········································ 278
02 직업훈련대상자 선정 ······························ 279
03 수형자 취업지원협의회 ·························· 281
제11절 안전과 질서 ·········································· 283
01 계 호 ······················································ 283
02 보호실과 진정실 ····································· 293
03 보호장비 ················································ 295
04 강제력의 행사 ········································ 304
05 무기의 사용 ············································ 306
06 재난 시 조치 ··········································· 310
07 수용을 위한 체포 ···································· 311
08 엄중관리대상자의 관리 ·························· 313
제12절 규율과 상벌 ·········································· 319
01 개 요 ······················································ 319
02 현행 법령상 규율 ···································· 320
03 현행 법령상 징벌 ···································· 323
04 벌 칙 ······················································ 341
05 포상제도 ················································ 342
제13절 수용의 종료 ·········································· 344
01 개 요 ······················································ 344
02 석 방 ······················································ 344
03 사형확정자 ············································· 349
04 사형의 집행 및 사망 ······························· 351
제14절 미결수용자의 처우 ······························ 354
01 개 요 ······················································ 354
02 현행법령상 미결수용자의 처우 ··············· 355
03 미결수용의 문제점 및 개선방안 ·············· 363
제15절 교정자문위원회 ···································· 365
01 설치⋅구성⋅임기 ································· 365
02 기 능 ······················································ 366
03 기 타 ······················································ 367
제16절 민영교도소 ············································ 368
01 의의 및 연혁 ··········································· 368
02 외국의 민영교도소 ································· 369
03 민영교도소의 효용성 ······························ 371
04 민영교도소의 형태 ································· 371
05 민영교도소의 쟁점 ································· 372
06 민영교도소에 대한 찬⋅반론 ·················· 373
07 우리나라의 민영교도소 ·························· 374
08 ｢민영교도소 등의 설치⋅운영에 ············· 375
관한 법률｣의 주요내용
제3장 사회적처우 ·············································· 381
제1절 개방처우 개관 ········································· 381
01 의의 및 연혁 ·········································· 381
02 형사정책적 의의 ····································· 382
03 개방처우의 대상 ····································· 383
04 개방처우의 장⋅단점 ····························· 383
제2절 개방처우 유형 ········································· 385
01 개방시설 처우 ········································ 385
02 귀휴제도(Furlough System) ················ 386
03 외부통근제(Work Release System) ····· 392
04 주말구금제도 ········································· 397
(Weekend Imprisonment)
05 부부특별면회제도 ·································· 399
(Conjugal Visit System)
06 가족만남의 날 ········································ 400
07 사회견학⋅봉사활동⋅외부종교행사 ······ 401
참석
08 중간처우 ················································ 402
제3절 중간처벌 ··················································· 406
01 개 요 ······················································ 406
02 중간처벌의 종류 ····································· 407
03 중간처벌의 문제점 ································· 411
제4장 사회내처우 ·············································· 412
제1절 개 관 ························································· 412
01 의 의 ······················································ 412
02 등장배경 및 연혁 ···································· 413
03 평 가 ······················································ 414
제2절 가석방제도 ·············································· 416
01 개 요 ······················································ 416
02 연 혁 ······················································ 418
03 우리나라의 가석방제도 ·························· 420
04 관련문제 ················································ 430
제3절 보호관찰제도 ·········································· 431
01 의의 및 법적 성격 ··································· 431
02 연 혁 ······················································ 432
03 보호관찰의 유형 ····································· 433
04 보호관찰의 방법 ····································· 434
05 보호관찰제도의 장⋅단점 ······················· 435
06 우리나라의 보호관찰제도 ······················· 436
제4절 사회봉사명령제도 ·································· 450
01 개 요 ······················································ 450
02 연혁⋅유형⋅입법례 ······························ 452
03 사회봉사명령제도의 장⋅단점 ················ 453
04 우리나라의 사회봉사명령제도 ················ 454
제5절 수강명령제도 ·········································· 461
01 개 요 ······················································ 461
02 우리나라의 수강명령제도 ······················· 462
제6절 갱생보호제도 ·········································· 464
01 개 요 ······················································ 464
02 연 혁 ······················································ 464
03 갱생보호의 종류 ····································· 466
04 우리나라의 갱생보호제도 ······················· 467
제7절 전자감시와 가택구금 ···························· 472
01 전자감시제도 ········································· 472
(Electronic Monitoring System)
02 가택구금제도(Home Confinement) ········· 487
제8절 지역사회교정 ·········································· 489
01 개 요 ······················································ 489
02 지역사회교정의 필요성 ·························· 490
03 지역사회교정의 목표 ······························ 491
04 지역사회교정의 형태 ······························ 492
05 지역사회교정의 성공조건 ······················· 493
06 지역사회교정의 장⋅단점 ······················· 493
07 지역사회교정의 과제 ······························ 494

부 록 색인 ···························································· 496