이언담 교정학 핵심요약집

<목차: 제1권 교정학>

제1편 교정관계법령 ····································· 7

제1장 교정조직의 이해 ··········································· 7
001 교정시설의 구조이해(형집행법 구조) ··························· 7
002 교정행정조직(법무부) ················································· 8
003 지방교정청 및 교정시설 ············································· 8
004 형집행법 관련 위원회 ················································· 9

제2장 교도관직무규칙 ··········································· 10
005 교도관직무통칙 ························································· 10
006 교도관 근무의 일반원칙 ············································ 10
007 교도관의 근무시간 ····················································· 11
008 교도관회의 ································································ 12
009 교정직교도관 직무정리 ············································· 12
010 교정직교도관 직무 ····················································· 13
011 당직간부의 직무 ························································· 15
012 사회복귀업무 교도관의 직무 ······································ 16
013 분류심사업무 교도관의 직무 ······································ 17
014 보건위생교도관의 직무 ·············································· 17
015 기술직교도관의 직무 ·················································· 19
016 관리운영직교도관의 직무 ··········································· 19
017 직업훈련교도관의 직무 ·············································· 20
018 교도관직무규칙 숫자정리 ·········································· 20

제3장 형집행법의 이해 ········································· 21
019 형집행법의 성격 ························································ 21
020 형집행법 기능 ··························································· 21
021 형집행법 총칙 ··························································· 22
022 감독기능과 수용자 권리구제 정리 ···························· 24

제4장 수용과 이송 ··············································· 25
023 구분수용과 분리수용 ·············································· 25
024 독거수용과 혼거수용 ················································ 25
025 독거제와 혼거제장·단점 ············································ 26
026 처우상 독거와 계호상 독거 ······································ 26
027 계호상 독거자 시찰(생·신보호, 안·질유지 목적) ········ 26
028 거실지정과 신입수용(간이입소절차) ·························· 27
029 신입자고지사항과 수용거절 ······································ 27
030 수용자 이송 ····························································· 28
031 수용사실 등 가족알림과 예외 ··································· 29
032 수형자 등 호송규정(대통령령) ·································· 29
033 지방교정청장 관련사항 정리 ···································· 30

제5장 물품지급과 금품관리 ··································· 31
034 물품지급 ··································································· 31
035 음식물 지급과 자비구매 ············································ 31
036 휴대금품의 보관 등 ·················································· 33
037 불허물품 등의 처리절차 비교 ··································· 33
038 불허금품 반송 및 유류금품 처리절차 ······················· 33

제6장 위생과 의료 ··············································· 35
039 위생·의료와 건강검진 ··············································· 35
040 감염병, 간호사의 경미한 의료행위 ··························· 36
041 소장의 위생조치 ······················································· 36
042 소장의 감염병 환자관리 ··········································· 37
043 의무관의 위생조치 ··················································· 37

제7장 접견․편지수수 및 전화통화 ·························· 38
044 접견․편지수수 및 전화통화 암기사항 ························ 38
045 수용자별 접견시간, 횟수, 장소 정리 ························ 38
046 접견의 제한, 접견내용의 녹음·녹화, 접견중지 ·········· 39
047 접견장소 ·································································· 40
048 접견시간과 횟수 ······················································ 40
049 변호사 접견 ······························································ 41
050 수용자와 변호사 접견 ·············································· 42
051 수용자의 전화통화 ···················································· 42
052 수용자 편지제한과 검열 ··········································· 44
053 수용자간 편지정리 ··················································· 45
054 접견, 전화통화 특별규정 ·········································· 45

제8장 종교와 문화 ··············································· 46
055 종교행사와 문화 ······················································· 46
056 문화관련 숫자정리와 치료감호법과의 비교 ··············· 46
057 도서, 신문구독, 라디오 청취 등 ································ 47

제9장 특별한 보호와 엄중관리대상자 ····················· 48
058 특별한 보호대상자 규정요약 ···································· 48
059 여성수용자 처우 ······················································· 49
060 노인수용자 처우 ······················································· 51
061 장애인수용자 처우 ···················································· 52
062 외국인수용자 처우 ··················································· 52
063 소년수용자 처우 ······················································· 53
064 엄중관리대상자 관리 개관 ········································ 54
065 엄중관리대상자 처우 일반 ········································ 54
066 조직폭력수용자 지정과 관리 ···································· 55
067 마약류수용자 지정과 관리 ········································ 56
068 관심대상 수용자 지정과 관리 ··································· 57
069 도주 등 형법처벌규정 ·············································· 58
070 분류처우위원회와 교도관회의 심의의결 사항 ··········· 58

제10장 안전과 질서 ············································· 59
071 수용자 규율과 포상 ··················································· 59
072 금지물품과 검사 ······················································· 59

제11장 교정장비와 강제력행사 ······························ 61
073 교정장비의 분류 ························································ 61
074 교정장비 종류와 사용 암기법 ··································· 62
075 전자장비이용 계호와 종류 ········································ 63
076 보호장비의 종류와 사용 ··········································· 64
077 보호장비 관련 유의사항 ··········································· 66
078 강제력행사와 보안장비 사용 ····································· 67
079 보호실과 진정실 ······················································· 67
080 무기의 사용요건과 절차 ··········································· 70
081 재난시의 조치, 도주자 체포 등 ·································· 71

제12장 규율과 상벌 및 벌칙 ································ 72
082 규율대상이 되는 행위 ··············································· 72
083 징벌의 종류 등 개관 ················································ 73
084 규율위반사항과 징벌의 실효 ···································· 74
085 징벌대상자 조사와 징벌위원회 ································· 76
086 징벌의 집행 ····························································· 79
087 징벌집행의 유예와 실효 등 ······································· 81
088 징벌위원회와 귀휴심사위원회 비교 ··························· 81
089 (형사)벌칙 ······························································· 82

제13장 수용자 권리구제 ······································· 83
090 수용자 권리의 발전 ················································· 83
091 수용자의 인권보장 ···················································· 84
092 수용자 권리구제 수단 ·············································· 86
093 수용자 권리구제 개관 ·············································· 86
094 소장면담 ·································································· 87
095 청원 ········································································· 87
096 정보공개청구 ··························································· 88

제14장 미결수용자 및 사형확정자 처우 ················· 89
097 미결수용자와 사형확정자 처우 비교 ························· 89
098 미결수용자 처우 ······················································ 89
099 사형확정자 구분수용 ················································· 91
100 사형확정자의 독거수용 예외 ······································ 91
101 사형확정자의 처우 ······················································ 91

제15장 수형자 분류와 누진처우제도 ······················ 93
102 누진처우제도의 발전 ················································· 93
103 고사제(Probation System. 기간제. 심사제) ·········· 93
104 점수제: 잉글랜드제와 아일랜드제 ····························· 94
105 점수제: 엘마이라제(Elmira System) ······················ 94

제16장 분류심사제도 법제 ···································· 95
106 수형자 처우원칙과 처우등급 개관 ····························· 95
107 수형자 분류심사 ························································ 97
108 이송ㆍ재수용 수형자의 개별처우계획 등 ··················· 97
109 분류심사와 분류처우위원회 ······································· 98
110 분류심사 제외자와 유예자 ········································· 98
111 정기재심사와 부정기재심사 ········································ 98
112 처우등급 조정을 위한 소득점수 ······························· 100
113 작업장별 평가기준 ··················································· 100
114 경비처우급별 처우내용 ············································· 101
115 중간처우 대상자 ······················································· 102
116 분류처우위원회 ························································ 102

제17장 교육과 교화프로그램 ······························· 103
117 수형자 교정교육 ······················································· 103
118 수형자 교육과정 정리 ·············································· 104
119 교화프로그램 ···························································· 105
120 교육, 교화프로그램 정리 ········································· 106

제18장 수형자의 작업과 직업훈련 ····················· 107
121 작업의 부과와 의무 ·················································· 107
122 수형자의 외부통근작업 ············································ 107
123 직업훈련 대상자 선정과 제한·보류사유 ··················· 108
124 취업지원협의회 ······················································· 109
125 집중근로, 작업시간 등 ············································· 110
126 신청작업의 취소 등 정리 ·········································· 111
127 교도작업 관련 숫자정리 ············································ 111
128 교도작업 특별회계법 ················································ 112
129 교도작업의 종류 ······················································· 113
130 직영작업의 의의와 장단점 ······································· 113
131 위탁작업의 의의와 장단점 ········································ 114
132 노무작업의 의의와 장단점 ········································ 114
133 도급작업의 의의와 장단점 ········································ 115
134 교도작업 특별회계의 세입․세출 ································ 116

제19장 사회적(개방) 처우 ·································· 117
135 사회내 처우와 사회적 처우 ···································· 117
136 사회적처우(개방처우)의 장단점 ································ 117
137 개방처우 종류 ·························································· 117
138 외부통근제도(사법형과 행정형, 혼합형) ··················· 118
139 귀휴제도 개관 ·························································· 119
140 귀휴심사위원회 ······················································· 120
141 귀휴심사위원회 심사사항 ········································· 120
142 귀휴의 취소 ····························································· 121

제20장 처우의 종료(석방과 사망) ······················· 122
143 수용자 석방 ···························································· 122
144 수용자 사망 ···························································· 123

제21장 가석방제도 ············································· 125
145 가석방 절차 ····························································· 125
146 가석방심사위원회 ···················································· 125
147 가석방 적격심사 신청 ·············································· 126
148 가석방자 보호관찰여부 결정절차 ····························· 128
149 가석방 관련 형법규정 ············································· 130
150 가석방자 관리규정(대통령령) ··································· 131

제22장 민간인의 교정참여 ·································· 133
151 교정자문위원회 등 ··················································· 133

제23장 민영교도소 ············································· 135
152 국가별 민영교도소 발전 ·········································· 135
153 민영화 쟁점 ····························································· 135
154 민영화의 장․단점 ····················································· 135
155 민영교도소법 숫자정리 ············································ 136
156 민영교도소 위탁계약 ··············································· 136
157 민영교도소 허가·인가·승인사항 ································ 138
158 민영교도소 교정법인 임직원 ··································· 138
159 교정법인과 민영교도소 회계 ···································· 141
160 민영교도소 등의 설치․운영 ···································· 142
161 민영교도소 감독관의 승인과 확인 ···························· 143
162 민영교도소 등의 직원 ············································· 143
163 민영교도소 지원․감독 등 ········································· 145
164 민영교도소 직원의 공무원의제 ································ 146

제2편 교정일반론 ···································· 148

제24장 교정이론 ················································ 148
165 교정과 처우모델 개관 ············································· 148
166 교정과 교정학 ························································· 148
167 교정의 이념과 교정학의 발전 ·································· 150

제25장 교정의 역사 ··········································· 151
168 고대 및 삼국시대의 행형 ········································· 151
169 고려시대의 행형 ······················································ 152
170 조선시대의 행형 ······················································ 152
171 조선후기의 행형 ······················································· 155
172 일제강점기 행형 ······················································ 156
173 미군정기 행형 ························································ 156
174 현대교정의 발전 ······················································ 156

제26장 시설과 구금제도 ····································· 157
175 교정시설의 발전 ······················································ 157
176 존 하워드의 감옥개량운동 ····································· 158
177 펜실베니아제도와 오번제도 ······································ 159
178 교정시설의 구조 ······················································ 160

제27장 과밀수용의 문제 ····································· 161
179 과밀수용의 문제 ······················································· 161
180 브럼스타인(Blumstein)의 과밀수용 해소방안 ········ 162
181 기타 과밀수용 대책전략 ··········································· 163

제28장 수용자 처우이론 ····································· 164
182 수형자 처우원리 ······················································ 164
183 자유의사론과 결정론 ··············································· 164
184 처우의 유형구분(시설내,사회적,사회내) ··················· 165
185 수형자 처우모델 개관 ············································· 165
186 구금모델(처벌모델) ················································· 165
187 교화개선모델(의료, 개선, 재통합) ···························· 165
188 치료모델(medical model) ···································· 166
189 적응모델(adjustment) ········································ 166
190 재통합모형(reintegration model) ························ 167
191 교화개선모델의 상호 비교 ········································ 167
192 교화개선모델에 대한 비판과 반론 ··························· 168
193 사법모델, 공정모델, 정의모델 ·································· 168
194 일반억제와 특별억제(deterrence) ························ 169
195 무능화(incapacitation)구분 ·································· 169
196 선별적 무능화(예측의 문제) ···································· 170
197 처벌이념에 따른 갈등과 공통점 ······························· 170
198 응보적 패러다임과 회복주의 패러다임 비교 ············· 171

제29장 수형자 사회와 교도소화 ························ 172
199 교도소화 개관 ························································· 172
200 교도소화의 의의와 연구 ·········································· 172
201 수형기간에 따른 교도소화 ······································· 173
202 수형자의 역할에 따른 교도소화 ······························ 174
203 서덜랜드와 크레세이의 수형자 부문화 ···················· 176
204 보안수준에 따른 교도소화(박탈과 유입모형) ··········· 177
205 교도관의 어려움 ····················································· 179
206 통제력 상실과 교도관의 권위 ································· 179
207 교도관의 부문화 ······················································ 179

제30장 수형자 자치제와 선시제도 ······················· 180
208 수형자 자치제 ························································ 180
209 카티지제도와 보스탈제도 비교 ································ 181
210 선시제도와 가석방 제도 비교 ·································· 181
211 선시제도의 의의와 연혁 ··········································· 182
212 선시제도 장단점과 도입논의 ···································· 182
제31장 교정관련 판례 ········································ 184
213 교정관련 판례정리 ·················································· 184

<목차: 제2권 형사정책>

제01장 형벌론 ······································································ 7
제02장 형벌과 형사정책 논의 ············································ 10
제03장 형의 실효와 사면제도 ············································ 16
제04장 보안처분론 ···························································· 18
제05장 소년사법정책론 ····················································· 22
제06장 소년법 ·································································· 24
제07장 보호소년 등의 처우에 관한법률 ···························· 28
제08장 아동·청소년 성보호에관한법률 ······························· 31
제09장 보호관찰등에 관한 법률 ········································ 32
제10장 치료감호법 ···························································· 44
제11장 전자장치부착법 ······················································· 55
제12장 성충동 약물치료에 관한 법률 ································ 68
제13장 스토킹범죄의 처벌법 ············································ 77
제14장 보안처분 주요법령 정리 ········································ 80
제15장 비범죄화론 ····························································· 85
제16장 피해자와 피해자학 ················································· 87
제17장 범죄피해자 보호법 ················································· 92
제18장 소송촉진법상 배상명령 ·········································· 96
제19장 회복적 사법 ··························································· 98
제20장 범죄예방론 ··························································· 101
제21장 범죄예측 ······························································ 106
제22장 형사정책학의 발달 ··············································· 109
제23장 형사정책의 연구 ··················································· 113
제24장 범죄원인론 개관 ··················································· 119
제25장 고전주의 범죄원인론 ············································ 121
제26장 초기실증주의 범죄원인론 ····································· 124
제27장 생물학적 범죄원인론 ············································ 127
제28장 심리·성격적 범죄원인론 ······································· 133
제29장 사회적 범죄원인론(거시) ····································· 138
제30장 사회적 범죄원인론(미시) ····································· 149
제31장 낙인이론 ······························································ 155
제32장 갈등론적 범죄원인 ··············································· 158
제33장 발달범죄이론과 통합이론 ···································· 164
제34장 범죄현상론 ·························································· 168
제35장 범죄유형론 ·························································· 174
제36장 형사정책 관련판례 ·············································· 190