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유예제도와 보호관찰에 관한 연구

유예제도와 보호관찰에 관한 연구
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대학원 법률학과
이화여자대학교 대학원
With the improvements of many other modern fields, penal system has made a great development. The treatment of the criminals, which was formerly consisted of revenge, has changed as to have its goal in the rehabilitation of offenders to the society. Suspension of the imposition of sentence developed mainly in England and suspension of the execution of sentence arisen in Germany and France may be said to be the most promising pattern of modern penal system expecting the criminals self-control. Moreover, the probation system which America has practised is one of the most outstanding penal system which gave a revolutional changes to the administration of suspending sentence. In probation they adopt the supervision of criminals as a way of practising the suspension of the imposition and execution of sentence. Probation is often limited in the view to the kind of crime, age, previous conviction and the attitude to the crime. Though they usually exclude felonry like the murder or treason from probation, there happens a trend to minimize such limitation. Usually probation period can be made between not less than one year and not more than three years, while probation officer helps the rehabilitation of probationer by improvement of environment, solution of problems and advices. In America, they attempt mainly to prevent environmental offence by the probation institution. There they proceed High Field Program or Committee Treatment Project expecting better effect by group interaction or group counseling. In Japan environmental improvement is emphasized to protect high rate recommitment employing voluntary probation officer. Being used in Korea also, our probation system is somewhat different from others, in that it can not be enforced when the probationer doesn't agree with. Generally speaking, our penal system is furnished by the old theories and musty from modern penal philosophy. Probation has many advantages; reducing penal economics, utilizing specialists and possibilities to continue productive power contributing social economics in the society. Why should we not make best of these as much as we can? Here I wish the more profound study and active employ of the more modernized, more specific and more humanitarian probation system in Korea.
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