국문요약 ··············································································1
제1장 서 론 · 권수진 ························································5
제1절 연구의 필요성 및 목적 ·······································································7
제2절 연구의 범위와 방법 ············································································8
1. 연구의 범위 ·····································································································8
2. 연구의 방법 ··································································································10
제2장 개방처우제도의 이해 · 권수진 · 권창모 ····················13
제1절 개관 ··································································································15
1. 행형제도의 발전 ···························································································15
2. 개방처우의 의의 ···························································································16
가. 개방처우의 개념 ·····························································································16
나. 개방처우의 기능 ·····························································································17
3. 개방처우제도의 발전 ····················································································18
4. 개방처우제도의 운영형태 ·············································································21
가. 개방시설 ··········································································································21
나. 중간처우의 집 ································································································25
다. 귀휴 ·················································································································25
라. 주말구금제 ······································································································27
마. 부부 및 가족접견 ···························································································29
바. 외부통근제도 ··································································································30
사. 카티지 제도 ····································································································33
아. 사회참관제도(사회견학) ·················································································34
자. 사회봉사 ··········································································································34
제2절 우리나라 개방처우의 역사적 전개 ····················································35
1. 고려시대(高麗時代) ························································································36
가. 휴가제도(休暇制度) ·························································································36
나. 가택구금(家宅拘禁) 등 ····················································································37
다. 유배지(流配地)에서의 자유로운 생활(生活) ··················································38
2. 조선시대(朝鮮時代) ························································································39
가. 휴가제도((休暇制度) ························································································39
나. 유배지(流配地)에서의 자유로운 생활(生活) ··················································43
다. 경기감옥(京畿監獄) 구외작업(構外作業) ························································47
3. 일제강점기(日帝强占期) ················································································48
4. 미군정기·제1공화국 ·······················································································48
가. 마포형무소 의정부 농장(1947년) : 개방처우시설의 시험적 실시 ············48
나. 마포형무소 사회봉사 · 사회견학 ····································································50
다. 수원형무소 신설 : 개방처우시설의 시작 ·····················································51
5. 제3·4공화국 ···································································································53
가. 귀휴제도(歸休制度) 신설 ················································································53
나. 갱생건설단(更生建設團) 창단 ·········································································54
다. 외부기업체 지원직업훈련 실시 ·····································································56
라. 전국 · 지방기능경기대회 참가 ········································································57
6. 제5·6공화국 ···································································································57
가. 외부출장(外部出張) 직업훈련 ·········································································57
나. 외부통근작업(外部通勤作業) ···········································································58
다. 천안개방교도소 신설 ·····················································································59
7. 문민정부 이후 ·······························································································60
가. 외부출장 직업훈련 재개 ················································································60
나. 귀휴제도 활성화 ·····························································································60
다. 부부(夫婦) 만남의 집 설치 ············································································61
라. 소망의 집 설치 ······························································································61
제3장 현행 개방처우제도 운영현황 · 권수진 ··················63
제1절 천안개방교도소 개방처우 현황 ·························································65
1. 일반현황 ········································································································65
가. 운영목적 및 연혁 ···························································································65
나. 소속기구 ··········································································································66
다. 시설현황 ··········································································································69
2. 수용자 현황 ··································································································76
가. 수용정원 ··········································································································76
나. 수용구분(수용조건) ·························································································77
3. 수용생활 ········································································································78
가. 자치제 ·····················································································
나. 수용구분(수용조건) ······················································································108
3. 수용생활 ······································································································110
가. 자치제 ···········································································································110
나. 일상생활 ·······································································································110
4. 교육 및 프로그램 ·······················································································111
제4절 기타 개방처우 현황 ········································································115
1. 귀휴 ·············································································································115
가. 개념 ···············································································································115
나. 현황 ···············································································································117
2. 사회견학 및 봉사활동 ················································································121
가. 개념 ···············································································································121
나. 현황 ···············································································································121
3. 가족만남의 날 및 가족만남의 집 ·····························································124
가. 개념 ···············································································································124
나. 현황 ···············································································································125
제4장 현행 개방처우에 관한 조사연구 · 권수진 ··········131
제1절 연구방법 및 내용 ···········································································133
제2절 수형자 설문조사 결과 ····································································134
1. 조사 설계 및 조사 참여자의 특성 ···························································134
가. 조사의 목적 및 내용 ···················································································134
나. 조사 참여자 특성 ·························································································135
2. 주요 조사결과 ·····························································································138
가. 수용시설 생활 ······························································································138
나. 작업 ···············································································································172
다. 개방처우 관련 활동 경험 ············································································203
제3절 일반인 설문조사 결과 ····································································237
1. 조사 설계 및 조사 참여자의 특성 ···························································237
가. 조사의 목적 및 내용 ···················································································237
나. 조사 참여자 특성 ·························································································238
2. 주요 조사결과 ·····························································································240
가. 수형자와의 교류 ···························································································240
나. 수형자에 대한 태도 ·····················································································242
다. 안전 및 불편 체감 ·······················································································244
3. 개방처우 제도에 대한 평가 ·······································································248
제4절 개방처우에 관한 심층면담 ·····························································249
1. 천안개방교도소 ···························································································250
가. 시설 및 생활 ································································································250
나. 처우 ···············································································································252
다. 인원점검 ·······································································································254
라. 교육 및 프로그램 ·························································································255
마. 가석방 ···········································································································257
바. 홍보 및 선정 ································································································258
2. 소망의 집 ····································································································258
가. 시설 및 생활 ································································································258
나. 작업 ···············································································································259
다. 가석방 ···········································································································259
3. 희망센터 ······································································································260
가. 시설 및 생활 ································································································260
나. 처우 ···············································································································260
다. 가석방 ···········································································································261
4. 개방처우 대상자 고용 기업체 ···································································262
가. 근무 ···············································································································262
나. 문제점 ···········································································································264
제5절 소결 ································································································266
1. 연구결과 요약 ·····························································································266
가. 수용시설 및 생활 ·························································································266
나. 작업 ···············································································································268
다. 개방처우 관련 활동경험 ··············································································269
라. 일반인 설문조사 ···························································································269
2. 정책적 함의 및 제언 ·················································································270
가. 수용시설 및 생활의 개선 ············································································270
나. 작업생활의 개선 ···························································································272
다. 개방처우 관련 활동 개선 ············································································273
라. 일반인과 수형자와의 관계 ··········································································273
제5장 주요국의 개방처우제도 운영현황
· 오영근 ? 권수진 ···················································275
제1절 미국의 개방처우 ·············································································277
1. 개관 ·············································································································277
가. 최근의 동향 ··································································································277
나. 개방처우의 종류 ···························································································279
2. 개방처우시설 ······························································································280
가. 최소보안등급 교도소(개방교도소) ·······························································280
나. 최소보안등급교도소의 처우프로그램 ··························································283
3. 거주사회복귀센터(중간처우소) ···································································292
가. 개념 ···············································································································292
나. 연혁 ···············································································································293
다. 평가 및 개선방안 ·························································································295
4. 조기출소 및 출소 후 감독명령 제도 ························································297
가. 조기출소제도(Early Release) ·····································································297
나. 출소 후 감독제도(Supervised Release) ··················································299
5. 임시출소제도(Temporary Release) 개관 ···············································300
가. 개념과 종류 ··································································································300
나. 뉴욕 주의 임시출소제도 시행현황 ·····························································302
6. 외부통근 및 외부통학 제도 ·······································································308
가. 외부통근제도의 개념과 연혁 ······································································308
나. 외부통근제도의 목적 ···················································································310
다. 외부통근제와 형벌 ·······················································································311
라. 재소자의 선정 및 취업 ···············································································312
마. 평가 ···············································································································314
바. 문제점 ···········································································································317
사. 외부통학제도(Study or Vocational Training Release) ······················317
7. 귀휴제도(Furlough) ···················································································318
가. 의의 ···············································································································318
나. 귀휴의 종류 및 목적 ···················································································319
다. 귀휴의 허가요건 ···························································································320
라. 이송귀휴의 기간 및 거리 ············································································322
마. 비용부담 ·······································································································323
바. 활용현황 ·······································································································323
8. 가택구금제도 ······························································································324
가. 개념 ·············································································································324
나. 연혁 ···············································································································324
다. 가택구금의 시험실시 ···················································································325
라. 현행 관련 법규정 ·························································································328
제2절 영국의 개방처우 ·············································································331
1. 개관 ·············································································································331
2. 개방교도소 ··································································································334
가. 교도소의 종류 ······························································································334
나. 개방교도소의 목적 및 성격 ········································································335
다. 잉글랜드의 Ford 개방교도소 ·····································································337
라. 스코틀랜드의 Castle Huntly 개방교도소 ·················································341
3. 조기출소(가석방) ························································································344
가. 가석방의 개념 및 종류 ···············································································344
나. 가석방위원회 ································································································345
다. 가석방 요건 ··································································································347
라. 가석방의 문제상황 ·······················································································354
4. 임시출소허가(Release on Temporary Licence) ·································355
가. 임시출소허가의 개념 및 종류 ·····································································355
나. 위험성 평가 ··································································································356
다. 임시출소허가의 제한 ···················································································356
라. 임시출소허가의 종류 및 내용 ·····································································358
마. 임시출소허가 절차 ·······················································································363
바. 임시출소자에 대한 소환 ··············································································364
사. 특수한 수형자에 대한 임시출소허가 ··························································364
제3절 독일의 개방처우 ·············································································365
1. 개관 ·············································································································365
2. 개방처우의 유형 ·························································································366
가. 개방집행 ·······································································································366
나. 집행완화 ·······································································································369
3. 개방처우 시설 ·····························································································377
가. 브레멘 교도소 ······························································································378
나. 브레멘 교도소 제27구역 개방형 수용시설 ················································379
제4절 일본의 개방처우 ·············································································396
1. 개관 ·············································································································396
가. 의의 ···············································································································396
나. 연혁 ···············································································································397
2. 개방처우의 유형 ·························································································398
가. 외부통근작업 ································································································398
나. 귀휴제 ···········································································································401
3. 개방처우시설 ······························································································405
가. 이치하라형무소(市原刑務所) ·········································································406
나. 아바시리형무소(網道刑務所) 후타미가오까 (二見ケ岡) 농장 ·····················414
다. 마쯔야마형무소(松山刑務所) 오오이(大井)작업장 ·······································418
라. 오노미찌형무지소(尾道刑務支所) 아리이(有井)작업장 ································419
4. 도주사고 및 대책 ·······················································································420
가. 오오이(大井)작업장 도주사고 개요 ·····························································420
나. 개방처우 시설 도주사고 현황 ·····································································421
제5절 시사점 ····························································································422
제6장 개방처우제도의 개선방안 · 권수진 ·····················429
제1절 개방처우제도의 개선 ······································································431
1. 기본이념의 확립 ·························································································431
2. 개방처우시설의 확대 및 차별화 ·······························································432
가. 개방처우시설의 확대 ···················································································432
나. 개방처우시설의 단계적 차별화 ···································································434
다. 제도 및 시설의 홍보 ···················································································435
3. 사회적응 및 사회복귀 촉진 ·······································································436
가. 교육 및 프로그램 확대 ···············································································436
나. 직업훈련 및 자격증 취득 기회 확대 ·························································437
4. 작업의 개선 ································································································437
가. 작업 유형 개발 및 기업체 유치 ·································································437
나. 작업장려금의 조정 ·······················································································438
다. 작업환경의 개선 ···························································································439
라. 통근방식의 개선 ···························································································440
마. 작업시간의 조정 ···························································································441
5. 사회체험의 확대 ·························································································442
가. 귀휴제도의 확대 ···························································································442
나. 사회견학 및 사회봉사 확대 ········································································444
6. 가족만남 및 정보수집 확대 ·······································································445
가. 가족만남의 확대 ···························································································445
나. 화상 · 스마트 접견의 확대 ···········································································447
다. 전화사용의 확대 ···························································································448
라. 정보 검색 및 수집 강화 ·············································································448
제2절 개방교도소의 개선 ··········································································449
1. 대상자 선정의 개선 ···················································································449
2. 작업의 개선 ································································································450
3. 가석방의 확대 ·····························································································450
4. 시설의 활용 ································································································451
가. 체험관 이용 개선 ·························································································451
나. 기타 시설 이용 개선 ···················································································452
5. 정보 검색 및 수집 강화 ············································································452
6. 인원점검 및 보행방식 개선 ·······································································453
가. 인원점검 개선 ······························································································453
나. 보행방식 개선 ······························································································453
7. 가족만남의 집 활용 개선 ··········································································454
제3절 소망의 집의 개선 ···········································································454
1. 소망의 집 시설의 확대 ··············································································454
2. 전화사용의 확대 ·························································································455
3. 정보 검색 및 수집 강화 ············································································455
4. 운동장소의 활용 ·························································································456
5. 취사 기회 제공 ···························································································456
제4절 희망센터의 개선 ·············································································457
1. 관계 법령의 정비 ·······················································································457
2. 희망센터 시설의 확대 ················································································457
3. 시설 및 비품의 개비 ·················································································458
4. 가석방 탈락 시 조치 개선 ········································································458
제7장 결 론 · 권수진 ···················································461
참고문헌 ···········································································467
Abstract ··········································································475
부록 ··················································································479
[부록1] 수형자 대상 설문지 ·····································································479
[부록2] 기업체 일반인 대상 설문지 ·························································500