제1부 교정학 서론 PART 1 교정학 서론 Chapter 1 교정학의 개념 ·············································································2 1. 교정의 의의 / 2 2. 교정의 범위 / 2 Chapter 2 교정의 이념 ··················································································3 1. 형벌의 목적과 교정의 이념 / 3 2. 교정의 이념과 그 방법 / 4 3. 사회 내 처우의 확대 / 4 Chapter 3 교정의 역사 ···················································································6 1. 교정발전의 5단계 / 6 2. 교정 관련 국제단체 / 7 Chapter 4 우리나라 교정의 역사 ·········································································8 1. 조선시대 이전 / 8 2. 조선시대 / 11 3. 조선 후기의 근대적 행형 / 15 4. 일제강점기 / 17 5. 미군정기의 행형 / 18 6. 교정시설과 교정기관의 명칭 변천 / 19 Chapter 5 형벌의 정당성과 처우모델 ···························································22 1. 형벌의 정당성 / 22 2. 범죄인 처우모델 / 25 Chapter 6 범죄인 처우의 새로운 모색 ······································································30 1. 범죄인에 대한 인권보호 인식의 증가 / 30 2. 사전 범죄방지대책과 형벌의 일반예방기능의 강조 / 30 3. 사회복귀이념의 강조(사회 내 처우의 발전)와 교정참여의 확대 / 31 4. 회복주의 사법(회복주의 정의, 원상회복주의) / 31 PART 2 시설 내 처우에 대한 이론 Chapter 1 교정시설과 감옥개량운동 ···································································35 1. 교정시설의 발전 / 35 2. 감옥개량운동 / 35 3. 현대의 교정시설 / 37 Chapter 2 구금제도 ···············································································40 Chapter 3 과밀수용의 문제 ····································································44 1. 과밀수용의 원인과 결과 / 44 2. 과밀수용의 해소방안 / 46 Chapter 4 교도소 사회 ················································································50 1. 수형자 사회 / 50 2. 교도관의 세계 / 54 Chapter 5 수용자 권리구제 제도 ····························································67 1. 사법적 구제수단 / 67 2. 비사법적 구제수단 / 68 PART 3 시설 내 처우제도의 법적 규율 Chapter 1 형의 집행 및 수용자의 처우에 관한 법률 ·····························77 Chapter 2 수 용 ····················································································84 Chapter 3 물품지급과 금품관리 ······················································95 Chapter 4 위생과 의료 ·····························································102 Chapter 5 접견ㆍ편지수수 및 전화통화 ·········································108 1. 접견 / 108 2. 편지수수 / 117 3. 전화통화 / 122 Chapter 6 종교와 문화 ··································································126 1. 종교 / 126 2. 문화 / 127 Chapter 7 특별한 보호와 엄중관리대상자 ········································134 1. 특별한 보호 / 134 2. 엄중관리대상자 / 143 Chapter 8 안전과 질서 ·······································································150 1. 서설 / 150 2. 교정장비 / 156 3. 재난시 조치와 도주자 체포 / 167 Chapter 9 규율과 상벌 ··································································171 1. 포상제도 / 171 2. 징벌제도 개관 / 171 3. 현행법상 징벌제도 / 172 Part 4 수용자의 처우 수형자 처우원칙과 분류제도 ··············································187 1. 통칙 / 187 2. 수형자 분류 / 189 3. 수형자 자치제도와 선시제도 / 206 4. 누진처우제도 / 209 Chapter 2 교육과 교화 ····································································214 1. 교육 / 214 2. 교화프로그램 / 218 Chapter 3 작업과 직업훈련 ···························································222 1. 교도작업 / 222 2. 직업훈련 / 234 3. 취업지원협의회 / 236 Chapter 4 미결수용자와 사형확정자의 처우 ······································242 1. 미결수용자의 처우 / 242 2. 사형확정자의 처우 / 249 Chapter 5 시설 내 처우의 종료 ························································254 1. 석방제도 / 254 2. 수용자의 사망 / 261 PART 5 개방처우와 지역사회교정 Chapter 1 개방처우(사회적 처우) ······················································263 1. 개방처우 개관 / 263 2. 귀휴제도 / 267 3. 그 밖의 개방처우 / 274 Chapter 2 지역사회교정(사회 내 처우) ··················································281 1. 지역사회교정 개관 / 281 2. 중간처우제도 / 283 2. 중간처벌제도 / 286 4. 현행법상 사회 내 처우 / 297 PART 6 교정참여와 민영교도소 Chapter 1 교정참여제도 ································································317 Chapter 2 민영교도소 ············································································322 1. 개관 / 322 2. 「민영교도소 등의 설치ㆍ운영에 관한 법률」의 내용 / 323 제2부 형사정책 PART 1 형사정책 서론 Chapter 1 형사정책의 연구대상 ·····································································336 1. 범죄 / 336 2. 비범죄화론과 다이버전 / 338 3. 범죄인분류 / 343 4. 범죄피해자론 / 345 5. 범죄피해자구조제도(범죄피해자보호법) / 347 Chapter 2 형사정책의 연구방법론 ·················································359 1. 연구방법 / 359 2. 암수범죄 / 365 PART 2 범죄원인론 Chapter 1 개 관 ························································································370 1. 비결정론과 결정론 / 370 2. 실증주의 이론의 전개(두 개의 접근법) / 371 Chapter 2 고전학파 ·········································································374 1. 고전학파의 등장 / 374 2. 주요 학자와 주장내용 / 375 3. 현대적 고전학파 / 378 4. 고전학파의 공적과 한계 / 380 Chapter 3 초기 실증주의 ··················································································384 1. 실증주의의 등장과 발전 / 384 2. 이탈리아의 초기 실증주의 / 385 3. 프랑스의 사회학적 실증주의(환경학파) / 387 4. 기타 / 390 Chapter 4 개인적 범죄원인론 ··························································394 1. 생물학적 요인 / 394 2. 성격적(심리학적) 요인 / 397 Chapter 5 사회학적 범죄원인론(범죄사회학) ·······································404 1. 거시적 관점의 이론들 / 405 2. 미시적 관점의 이론들 / 417 3. 갈등론적 범죄원인론 / 432 PART 3 범죄실태론 Chapter 1 지역사회의 특성과 범죄 ·················································438 Chapter 2 자연환경과 범죄 ·································································440 Chapter 3 사회인구학적 특성과 범죄 ···························································442 PART 4 형사제재론 Chapter 1 형벌론 ···············································································448 1. 형벌이론 / 448 2. 사형제도 / 450 3. 자유형 / 453 4. 재산형 / 458 5. 명예형 / 466 6. 각종 유예제도 / 469 7. 형의 시효와 사면ㆍ형의 실효 / 472 Chapter 2 보안처분론 ·······································································477 1. 서론 / 477 2. 보호관찰 등에 관한 법률 / 481 3. 치료감호 등에 관한 법률 / 504 4. 전자장치 부착 등에 관한 법률 / 521 5. 성폭력범죄자의 성충동 약물치료에 관한 법률 / 539 PART 5 형사사법정책론 Chapter 1 범죄예방론 ···································································553 Chapter 2 범죄예측 ········································································559 PART 6 소년형사정책론 Chapter 1 소년형사정책 개관 ···········································································563 Chapter 2 소년법과 소년사건의 처리절차 ·························································571 1. 소년법 개관 / 571 2. 소년법 / 574 3. 보호소년 등의 처우에 관한 법률 / 589