출소자의 성공적인 사회정착 지원방안 연구 Ⅰ

국문요약 ···················································································· 1

제1장 권수진
서론 ·························································································· 11
제1절 연구의 필요성 및 목적 ······························································· 13
1. 연구의 필요성 ··················································································· 13
2. 연구의 목적 ······················································································ 17
제2절 연구의 범위 및 방법 ··································································· 19
1. 연구의 범위 ······················································································ 19
2. 연구의 방법 ······················································································ 20

제2장 권수진
우리나라의 출소자 사회정착 지원 ······································ 23
제1절 교정시설 입.출소 및 재복역 현황 ·············································· 25
1. 교정시설 입소 및 출소 현황 ···························································· 25
2. 재복역률 현황 ··················································································· 27
가. 출소자 재복역률 ······································································ 27
나. 법무보호복지사업 지원자 재범률 ··········································· 29
제2절 출소 전 사회복귀 지원 ······························································· 31
1. 근거 법령 ························································································· 31
가. 형집행법, 시행령 및 시행규칙 ··············································· 31
나. 수용자 사회복귀지원 등에 관한 지침 ···································· 33
다. 수용자 교육교화 운영지침 ······················································ 35
라. 교정시설 경비등급별 수형자의 처우 등에 관한 지침 ·········· 35
2. 교정시설의 출소예정자 사회정착 지원 ············································· 36
가. 교정교육 ··················································································· 36
나. 교도작업과 직업훈련 ······························································· 39
다. 사회적 처우 ·············································································· 43
라. 중간처우시설 ············································································ 53
제3절 출소 후 사회정착 지원 ······························································· 58
1. 근거 법령 ························································································· 58
가. 보호관찰 등에 관한 법률 ························································ 58
나. 주요 내용 ················································································· 58
2. 한국법무보호복지공단의 출소자 사회정착 지원 ······························· 62
가. 조직 및 인원 ············································································ 62
나. 주요 사업 ················································································· 63
3. 민간기관의 출소자 사회정착 지원 ···················································· 78
가. 민간 갱생보호법인 ··································································· 78
나. 민간 갱생보호법인 현황 ·························································· 81
다. 주요 사업 ················································································· 86
제4절 소결 ····························································································· 89

제3장 박성훈
출소(예정)자 심층면접 분석 결과 ········································· 93
제1절 선행연구의 검토 ·········································································· 95
1. 출소자의 재범요인 관련 연구 ·························································· 95
2. 출소자 관련 연구 방법 ·································································· 103
가. 양적 연구 ··············································································· 103
나. 질적 연구 ··············································································· 107
제2절 조사의 설계 ·············································································· 112
1. 조사 목적 ······················································································· 112
2. 조사 방법 ······················································································· 112
3. 조사 내용 ······················································································· 114
4. 참여자 특성 ···················································································· 115
제3절 심층면접 결과 ··········································································· 120
1. 출소 준비 및 계획 ········································································· 120
가. 과거 출소와 다른 점 ····························································· 120
나. 출소 이후 계획 ······································································ 124
다. 가족과의 관계 ········································································ 128
2. 출소 이후 기대와 우려 ·································································· 130
가. 출소 이후 우려되는 것 ························································· 131
나. 출소자에게 필요한 지원 ······················································· 135
다. 출소 이후 사회적 낙인 ························································· 138
3. 재범에 대한 인식 ··········································································· 143
가. 재범의 원인 ··········································································· 143
나. 재범예방을 위해 필요한 것 ·················································· 147
4. 출소자 지원정책 인식 ···································································· 150
가. 교정시설 프로그램에 대한 인식 ··········································· 151
나. 갱생보호제도 및 기관에 대한 인식 ····································· 155
제4절 소결 ·························································································· 165
1. 주요 결과 ······················································································· 165
2. 정책 시사점 ···················································································· 167
가. 교정시설 프로그램 ······························································· 167
나. 법무보호복지 서비스 ····························································· 169

제4장 라광현, 허황, 금용명
주요국의 출소자 사회정착 지원 ··········································· 173
제1절 미국 ·························································································· 175
1. 개관 ································································································ 175
2. 출소자 현황 ···················································································· 176
가. 최근 10년간 교정시설 입·퇴소 현황 ··································· 176
나. 연방 및 주 교도소 수용 현황 ·············································· 178
다. 연방 및 주 교도소 석방 유형 ·············································· 178
라. 재범률 관련 통계 ·································································· 179
3. 출소 전 사회복귀 지원 ·································································· 180
가. 근거 법령 ··············································································· 180
나. 담당 조직 및 인력 ································································ 181
다. 관련 프로그램 ········································································ 185
라. 지원 현황 ··············································································· 195
4. 출소 후 사회정착 지원 ·································································· 196
가. 근거 법령 ··············································································· 196
나. 공공기관의 출소자 사회정착 지원 ······································· 197
다. 민간기관의 출소자 사회정착 지원 ······································· 201
5. 요약 및 시사점 ·············································································· 203
제2절 독일 ·························································································· 206
1. 개관 ································································································ 206
가. 연구를 위한 전제로서 독일의 형집행제도의 이해 ············· 206
나. 교정시설의 현황 - 니더작센주를 예로 들어 ······················ 209
2. 출소자 현황 ···················································································· 215
3. 출소 전 사회복귀 지원 ·································································· 217
가. 근거 법령 ··············································································· 217
나. 소위 전환관리(Ubergangsmanagement) ·························· 232
4. 출소 후 사회정착 지원 ·································································· 240
가. 의의 및 법적 근거 ································································ 240
나. 범죄자지원 주체 ···································································· 242
5. 요약 및 시사점 ·············································································· 252
제3절 일본 ·························································································· 255
1. 개관 ································································································ 255
2. 출소자 현황 ···················································································· 256
가. 형법범 검거자 중 재범자 및 재범자율 ······························· 256
나. 신수형자 중 재입자 및 재입자율 ········································· 257
다. 출소 수형자 중 2년 이내 재입자 및 재입율 ······················ 257
라. 중요 죄명·특성별 2년 이내 재입율 ····································· 259
3. 출소 전 사회복귀 지원 ·································································· 261
가. 근거 법령 ··············································································· 261
나. 수형자 교정교화 및 사회복귀 준비 ····································· 262
다. 평가 ························································································ 273
4. 출소 후 사회정착 지원 ·································································· 274
가. 근거 법령 ··············································································· 274
나. 공공기관의 출소자 사회정착 지원 ······································· 275
다. 민간기관의 출소자 사회정착 지원 ······································· 285
라. 평가 ························································································ 292
5. 요약 및 시사점 ·············································································· 292
제4절 소결 ·························································································· 296

제5장 권수진, 박성훈
요약 및 정책제언 ······························································· 299
제1절 요약 ·························································································· 301
1. 우리나라의 출소자 사회정착 지원 ················································· 301
가. 교정시설 입·출소, 재복역률 현황 ········································ 301
나. 출소 전 사회복귀 지원 ························································· 302
다. 출소 후 사회정착 지원 ························································· 303
2. 출소자 사회정착 지원 현황 조사연구 ············································ 303
3. 외국의 출소자 사회정착 지원 ························································ 306
가. 출소자의 사회정착 지원 위한 별도의 근거 법률 마련 ······ 306
나. 교정시설 입소 시부터 사회복귀 준비 ································· 306
다. 출소자 사회정착 지원 위한 전문인력의 확충 ····················· 306
라. 민간기관의 참여, 협력기업의 확보 ······································ 307
마. 기관 간의 연계와 협력 ························································· 307
제2절 정책제언 ···················································································· 308
1. 출소자 사회정착 지원 정책의 기본방향 : 더 일찍, 더 많이, 더 확실히
············································································································ 308
가. 교정시설 입소 시부터 사회복귀 준비 ································· 308
나. 사회와의 연계, 사회적 처우 확대 ······································· 309
다. 교정시설과 사회와의 중간 완충지대 마련 ·························· 309
2. 출소자 사회정착 지원 정책의 전제조건 ········································· 310
가. 근거 법령의 정비 : 독립 법률의 제정 ································ 310
나. 관계기관의 협력체계 구축 ···················································· 311
나. 출소자 사회정착 지원 관련 전문인력 확보 ························ 311
라. 민간 자원 확보 ······································································ 312
3. 출소자 사회정착 지원 정책의 개선방안 ········································· 313
가. 교정시설 프로그램 ······························································· 313
나. 법무보호복지 서비스 ····························································· 315

참고문헌 ··············································································· 317
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