2019 임현의 바른 교정학

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 ․ 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 ․ 의료 조치의무(법 제30조) / 138
2. 위생 / 138
3. 의료 / 140
Ⅴ. 접견 ․ 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 ․ 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 ․ 단점 / 357
4. 사회적 처우의 유형 / 358
제2절 사회내 처우 ································································363
1. 의의 / 363
2. 연혁 / 363
3. 사회내 처우의 장 ․ 단점 / 363
4. 지역사회교정 / 364
5. 중간처벌 / 366
6. 사회내 처우의 형사절차상의 단계에 따른 구분 / 367
7. 사회내 처우의 종류 / 368