가석방의 사법처분화 방안 연구

Abstract

Unlike other execution actions, parole is a critical decision that changes the sentence regarding the criminal character of imprisonment depriving physical liberties from the inmate. As it changes the contents of penalty which was already sentenced, inter alia, the essential part of the executive measure, it should be held by the judge. Regarding the fact that suspended sentence and probation, substantially similar to parole, are decided by the judge, it is against the equity that parole is sentenced by administrative organization. This controversy, however, is neither prudentially being examined in Korea and nor reflected in actual legislation, albeit it had been once suggested in a while. This is because this legal reform requires extensive changes in administrative and judicial frameworks. In this regards, this research aims to secure the minimum standard of procedural safeguards and to provide judicial remedies for the inmate. This research specially focuses on concurrent parole procedures such as securing the right of access to information, the right to request for parole, the right of consent to parole and the right for statement of opinion. Furthermore, this paper explores into the necessity of notification system of parole decision process and result. In case of the judicial remedies, in particular, this paper analyzes the introduction of plausible procedure based on whether the parole was under the authority of the court or not. Main academic concern of this paper is to seek legal countermeasures against the existing parole system and derive judicial way where the inmate participate in parole system procedures. The author hopes that this analysis can contribute to the volition of the inmate and to the progress of rehabilitation, the ultimate goal of the imprisonment.