2022 Bestlo 맑음 교정학

제1편 교정학의 기초이론
제1장. 교정과 교정학의 의의
제1절 개관 ············································································································· 3
제1항 교정의 의의 ···························································································· 3
제2항 종합적인 체제로서 교정에 대한 고찰 ····················································· 6
제2절 교정학의 의의와 정립 ··················································································· 8
제1항 교정학의 의의 ························································································· 8
제2항 교정학의 정립 ························································································ 8
제3항 국제적 협력시대 ···················································································· 12
제4항 우리나라 교정의 역사 ··········································································· 19
제3절 우리나라의 교정기관의 조직 ········································································ 33
제2장. 범죄의 원인과 형벌의 정당성
제1절 범죄 원인론 ································································································ 38
제2절 형벌의 정당성과 범죄자 처벌의 목적 ··························································· 40
제1항 형벌부과의 정당성 ················································································ 40
제2항 범죄자 처벌의 목적 ··············································································· 41
제3장. 교정처우의 기본원칙과 모델
제1절 범죄자 처우의 기본원칙 ··············································································· 45
제2절 교정처우(행형처우) 모델의 전개 ··································································· 47
제2편 교정처우론
제1장. 형의 집행 및 수용자의 처우에 관한 법률 총칙
제1절 형의 집행 및 수용자의 처우에 관한 법률의 성질과 기능 ······························· 57
제2절 형의 집행 및 수용자의 처우에 관한 법률의 목적과 적용범위 ························ 58
제2장. 교정시설
제1절 교정시설의 의의 ·························································································· 60
제1항 교정시설의 의의 및 연혁 ······································································ 60
제2항 교정시설의 규모와 구조 ········································································ 62
제2절 교정시설의 감독 및 공개 ············································································· 67
제1항 교정시설의 감독 ··················································································· 67
제2항 교정시설의 참관 ··················································································· 68
제3절 과밀수용과 교정시설의 민영화 ····································································· 70
제1항 과밀수용의 문제 ··················································································· 70
제2항 교정시설의 민영화 ················································································ 72
제3항 민영교도소 등의 설치·운영에 관한 법률 ············································· 74
제3장. 수용자 구금제도와 교도소 사회론
제1절 수용자의 구금 ····························································································· 80
제1항 구금모형과 구금제도의 변천 ································································· 80
제2항 독거제와 혼거제 ··················································································· 83
제2절 교도소 사회론 ···························································································· 84
제1항 교도관의 세계 ······················································································· 84
제2항 수형자의 사회 ······················································································ 88
제3항 교도소화(prisonization) ······································································· 90
제4장. 수용자의 기본적 처우
제1절 수용 ··········································································································· 95
제1항 수용의 의의 및 절차 ············································································ 95
제2항 수용자의 이송 및 재난시 조치 ···························································· 101
제3항 수용을 위한 체포 ················································································ 103
제2절 물품지급과 금품관리 ·················································································· 104
제1항 물품지급(급여) ···················································································· 104
제2항 금품관리(보관) ····················································································· 107
제3절 위생과 의료 ············································································································· 113
제4절 외부교통(접견·편지수수 및 전화통화) ························································ 117
제5절 교화(敎化)와 교육 ······················································································ 127
제1항 교화(敎化) ··························································································· 127
제2항 교육 ···································································································· 130
제3항 문화 ···································································································· 134
제4항 교정상담(교화상담) ·············································································· 138
제5항 교정처우기법 ······················································································· 139
제6절 교도작업과 직업훈련 ································································································ 146
제1항 교도작업의 의의와 연혁 ······································································ 146
제2항 교도작업의 종류 ·················································································· 148
제3항 관련문제 ······························································································ 153
제4항 교도작업의 운영 ·················································································· 157
제5항 직업훈련(기술교육) ·············································································· 161
제7절 여성수용자 및 노인수용자 등의 특별한 보호 ··············································· 164
제5장. 수형자의 처우
제1절 수형자의 분류 ···························································································· 169
제1항 의의와 연혁 ························································································· 169
제2항 수형자분류의 구분 ··············································································· 171
제2절 현행법상 분류심사 ····················································································· 172
제1항 개관 ····································································································· 172
제2항 분류심사의 종류 ·················································································· 173
제3항 분류심사방법 ······················································································· 175
제4항 담당기관 ······························································································ 178
제3절 등급별 처우 ······························································································ 179
제1항 개별처우계획의 수립 ··········································································· 179
제2항 처우등급 ····························································································· 180
제3항 급별 처우 ···························································································· 184
제4항 수용자의 범죄횟수 ··············································································· 188
제4절 누진처우 ··································································································· 189
제5절 시설내처우제도 ·························································································· 193
제1항 수형자 자치제도(Inmate Self-Government System) ······················· 193
제2항 카티지제(Cottage System) ································································· 195
제3항 선시제도(Good Time System) ··························································· 196
제6장. 안전과 질서
제1절 수용자 계호 ······························································································· 198
제1항 개관 ···································································································· 198
제2항 계호행위 ····························································································· 202
제3항 계호의 현대화와 탄력적 적용 ····························································· 205
제4항 엄중관리 ····························································································· 205
제2절 금지물품의 처리와 보호실 및 진정실 수용 ·················································· 210
제1항 금지물품의 처리 ················································································ 210
제2항 보호실 및 진정실 수용 ········································································ 212
제3절 교정장비의 사용 ························································································ 214
제1항 교정장비의 의의 ·················································································· 214
제2항 전자장비를 이용한 계호 ······································································ 214
제3항 보호장비(계구)의 사용 ········································································· 216
제4항 강제력 행사 ························································································ 220
제5항 무기의 사용 ························································································ 222
제4절 규율과 상벌 ······························································································ 224
제1항 규 율 ·································································································· 224
제2항 포상제도 ····························································································· 224
제3항 징벌제도 ····························································································· 225
제7장. 수용의 종료와 사망
제1절 수용의 종료와 석방 ··················································································· 238
제1항 수용의 종료 ························································································ 238
제2항 석 방 ·································································································· 238
제2절 사형확정자 처우·사형집행 및 사망 후의 절차 ··········································· 242
제1항 사형확정자의 처우 ·············································································· 242
제2항 사형의 집행 ························································································ 244
제3항 사망후의 절차 ····················································································· 244
제8장. 수용자의 법적지위
제1절 수용자의 법적지위와 인권의식 ···································································· 247
제1항 수용자의 법적지위와 인권의식의 변화(연혁) ······································· 247
제2항 수용자의 권리와 의무 ········································································· 248
제2절 수용자 권리구제제도 ················································································· 255
제1항 개관 ···································································································· 255
제2항 수용자의 사법적 권리구제제도와 비사법적 권리구제제도 ···················· 256
제9장. 미결수용제도
제1절 미결수용자의 법적지위 ··············································································· 271
제2절 현행법상 미결수용자 처우 내용 ·································································· 274
제10장. 사회적 처우(개방처우)
제1절 개관 ········································································································· 280
제2절 개방처우의 유형 ························································································ 281
제1항 개방시설(Open Institution)에 의한 개방처우 ····································· 281
제2항 귀휴제도(Furlough System) ······························································ 282
제3항 외부통근제도(Work Release System, Prison Hostel Scheme) ······· 286
제4항 부부특별면회제도·가족 만남의 집·수형자 합동접견제도 ·················· 289
제5항 주말구금제도(Weekend Imprisonment) ············································ 292
제6항 보스탈 제도(Borstal System) ···························································· 293
제7항 기타의 사회적 처우 ············································································ 294
제3절 사회내 유용자원의 동원에 의한 행형의 사회화 ··········································· 295
제1항 교정위원제도 ······················································································· 295
제2항 교정자문위원회 제도 ··········································································· 295
제4절 중간처우제도와 중간처벌제도 ····································································· 298
제1항 중간처우제도 ······················································································· 298
제2항 중간처벌제도 ······················································································ 303
제11장. 사회내처우(Community Treatment)
제1절 개관 ···········································································································310
제2절 가석방제도 ································································································ 313
제1항 개관 ···································································································· 313
제2항 현행법상 가석방 ·················································································· 315
제3절 보호관찰 ··································································································· 324
제1항 개 관 ·································································································· 324
제2항 관련문제 ····························································································· 328
제3항 보호관찰의 실시 ················································································· 330
제4항 대상자 준수사항과 위반시의 효과 ······················································· 333
제5항 보호관찰의 종료·임시해제 및 정지 ··················································· 337
제6항 보호관찰소 선도위탁 ··········································································· 338
제4절 사회봉사명령과 수강명령 ··········································································· 339
제1항 의의 ···································································································· 339
제2항 사회봉사명령과 수강명령의 실시 ························································· 342
제5절 갱생보호제도 ···························································································· 344
제1항 개관 ···································································································· 344
제2항 보호관찰 등에 관한 법률에 의한 갱생보호 ········································· 346
제6절 지역사회교정 ···························································································· 349
제3편 형사정책론
제1장. 형사정책의 의의 ······························································································· 355
제2장. 범죄 원인론
제1절 범죄의 원인에 대한 여러 관점 ··································································· 359
제2절 고전학파 ··································································································· 361
제1항 고전주의와 실증주의 비교 ··································································· 361
제2항 고전학파의 전개 ················································································· 362
제3절 실증학파 ································································································· 369
제1항 이탈리아의 초기 실증주의 ·································································· 369
제2항 제도학파(범죄지리학파·범죄통계학파) ; 1820년대~1830년대 ········· 373
제3항 프랑스 환경학파(리용학파) ·································································· 374
제4항 독일 및 오스트리아의 초기 실증주의 ·················································· 377
제5항 생물학적 범죄원인론 - 개인적 범죄원인론 ········································· 379
제6항 심리학적 범죄원인론 ··········································································· 385
제4절 미국의 범죄사회학파 ················································································· 390
제1항 미국 범죄사회학파 개관 ······································································ 390
제2항 사회구조이론 ······················································································· 391
제3항 사회화(과정)이론 ················································································ 400
제4항 갈등이론 ····························································································· 410
제3장. 한국의 범죄실태론
제1절 실태조사와 범죄추세(犯罪趨勢)의 분석 ························································ 416
제1항 범죄자료(범죄통계) ·············································································· 416
제2항 범죄별 범죄추세의 분석 ······································································ 421
제2절 환경인자의 범죄상관성 ·············································································· 426
제4장. 형사제재론
제1절 형벌론 ······································································································ 437
제1항 형벌론 개관 ························································································ 437
제2항 양형과 양형의 합리화 방안 ································································ 440
제3항 형벌제도 ····························································································· 445
제4항 각종 유예제도 ····················································································· 460
제5항 형의 시효와 형의 소멸 ······································································· 464
제2절 보안처분론 ································································································ 467
제1항 보안처분의 개관 ·················································································· 467
제2항 현행법상 각종 보안처분 ······································································ 472
제5장. 형사사법정책론
제1절 범죄대책 ··································································································· 486
제1항 범죄예방 ····························································································· 486
제2항 범죄방지대책 ······················································································ 488
제2절 범죄예측 ·································································································· 490
제1항 의의 ···································································································· 490
제2항 범죄예측 방법 ····················································································· 492
제3항 범죄예측의 한계 ················································································· 493
제3절 범죄인 유형론 ··························································································· 494
제4절 범죄피해자론 ···························································································· 497
제1항 의의 ···································································································· 497
제2항 피해자학 ····························································································· 499
제3항 피해자 분류 ························································································ 501
제4항 피해자의 보호 ····················································································· 502
제5절 형사정책의 새로운 경향 ············································································· 511
제6장. 소년형사정책론
제1절 소년 범죄론 ······························································································· 515
제2절 소년사건 처리절차 ···················································································· 524
제1항 개관 ···································································································· 524
제2항 소년사건의 처리기관 ··········································································· 525
제3항 소년법상의 소년보호사건처리 ······························································ 537
제4항 소년사건의 형사처분 ··········································································· 546