현행 소년법의 문제점과 개선방안
분야
사회과학 > 법학
저자
장영민 ( Young Min Chang ) , 김구슬 ( Ku Seul Kim )
발행기관
이화여자대학교 법학연구소
간행물정보
법학논집 2005년, 제10권 제1호, 73~102페이지(총30페이지)
파일형식
2b600255.pdf [무료 PDF 뷰어 다운로드]
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    영문초록
    This paper is to study some problems of the Korean Juvenile Act and tries to make some proposals for it`s improvement and modification. Nowadays there are some suggestions regarding age levels which the Act sets concerning juvenile delinquents according to the developmental stages juvenile offenders based on the way of trans formation from the classical aspiration of making children more educated and more adaptable to the society to a strategy of ``getting tough`` to the juvenile delinquents. And it is commonly noted that the Act has some weakness of achieving its goals, and the available measures it deploys have some procedural system of the Act: The juvenile court or criminal court to the prosecutors(the prosecutor initiative system). This way of intake of the Juvenile Act is largely criticized on the ground that the prosecutors are usually apt to think that punishment is more effective or suitable to the juvenile offenses which resulted in serious injuries than educational or other non-punitive treatments are. This paper proposes that the intake initiatives would rather be given to the juvenile court. The treatment measures that the Juvenile Act deploys have themselves some difficulties to meet the needs of efficacious treatments. The so-called code 1 measure which is to entrust the juvenile to the parents or other guardians who care the juvenile on behalf of the parents is evaluated as little effective, but if volunteer guardians are more likely to deployed and more available, the code 1 measure will be a more meaning ful way of treatment of the juvenile delinquents. The so-called code 2 measures, that is, the short- and long-term probations, are pointed out to be facing with chronic deficits of personnel and facilities. Intensive probations are also diagnosed as having the same difficulties. This paper considers it as a way of confronting with these difficulties to mobilize civil resources. The code 4 and 5 measure, entrusting the juvenile to the welfare institutions or hospitals, bear the same burdens. This paper proposes that government should have more institutions founded and worked by financial and other supports. As another way of facing with that difficulties, it is considered that the Juvenile Detention Center may be deployed as a surrogate welfare institutions before welfare facilities are ready enough. The code 6 and 7 measures, short- and long-term accommodation of the juvenile in the Juvenile Detention Center, have a problem that the Act permits the director of the Center to decide the duration of accommodation of the juvenile, especially in case of long-term one. This paper recommend that it be decided by a juvenile court. Another problem concerning the Juvenile Detention Venter accommodation is the fact that the organized, violent and recidivist juvenile are incarcerated with other juvenile who have better prognosis. For this case, the more deliberate and minute intake process is required with support of better investigation facilities.
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