제1편 교정학의 기초이론

제1장 교정과 교정학의 의의
제1절 개관·············································································································3
제1항 교정의 의의····························································································3
제2항 종합적인 체제로서 교정에 대한 고찰·····················································6
제2절 교정학의 의의와 정립···················································································8
제1항 교정학의 의의·························································································8
제2항 교정학의 정립························································································8
제3항 국제적 협력시대····················································································12
제4항 우리나라 교정의 역사···········································································19
제3절 우리나라의 교정기관의 조직 ········································································33
제2장 범죄의 원인과 형벌의 정당성
제1절 범죄 원인론 ································································································38
제2절 형벌의 정당성과 범죄자 처벌의 목적 ···························································40
제1항 형벌부과의 정당성················································································40
제2항 범죄자 처벌의 목적···············································································41
제3장 교정처우의 기본원칙과 모델
제1절 범죄자 처우의 기본원칙 ···············································································45
제2절 교정처우(행형처우) 모델의 전개···································································47

제2편 교정처우론

제1장 형의 집행 및 수용자의 처우에 관한 법률 총칙
제1절 형의 집행 및 수용자의 처우에 관한 법률의 성질과 기능 ·······························57
제2절 형의 집행 및 수용자의 처우에 관한 법률의 목적과 적용범위························58제2장 교정시설
제1절 교정시설의 의의··························································································60
제1항 교정시설의 의의 및 연혁······································································60
제2항 교정시설의 규모와 구조········································································62
제2절 교정시설의 감독 및 공개 ·············································································67
제1항 교정시설의 감독···················································································67
제2항 교정시설의 참관···················································································68
제3절 과밀수용과 교정시설의 민영화····································································· 70
제1항 과밀수용의 문제···················································································70
제2항 교정시설의 민영화················································································72
제3항 민영교도소 등의 설치·운영에 관한 법률·············································74
제3장 수용자 구금제도와 교도소 사회론
제1절 수용자의 구금·····························································································80
제1항 구금모형과 구금제도의 변천·································································80
제2항 독거제와 혼거제···················································································83
제2절 교도소 사회론 ····························································································84
제1항 교도관의 세계·······················································································84
제2항 수형자의 사회······················································································88
제3항 교도소화(prisonization) ·······································································90
제4장 수용자의 기본적 처우
제1절 수용···········································································································95
제1항 수용의 의의 및 절차············································································95
제2항 수용자의 이송 및 재난시 조치····························································101
제3항 수용을 위한 체포················································································103
제2절 물품지급과 금품관리 ··················································································104
제1항 물품지급(급여) ····················································································104
제2항 금품관리(보관) ·····················································································10
제3절 위생과 의료·············································································································113
제4절 외부교통(접견·편지수수 및 전화통화) ························································117
제5절 교화(敎化)와 교육 ······················································································127
제1항 교화(敎化) ···························································································127
제2항 교육····································································································130
제3항 문화····································································································134
제4항 교정상담(교화상담) ··············································································138
제5항 교정처우기법······················································································· 139
제6절 교도작업과 직업훈련································································································146
제1항 교도작업의 의의와 연혁······································································146
제2항 교도작업의 종류··················································································148
제3항 관련문제······························································································153
제4항 교도작업의 운영··················································································157
제5항 직업훈련(기술교육) ··············································································161
제7절 여성수용자 및 노인수용자 등의 특별한 보호···············································164
제5장 수형자의 처우
제1절 수형자의 분류····························································································169
제1항 의의와 연혁·························································································169
제2항 수형자분류의 구분···············································································171
제2절 현행법상 분류심사·····················································································172
제1항 개관·····································································································172
제2항 분류심사의 종류··················································································173
제3항 분류심사방법·······················································································175
제4항 담당기관······························································································178
제3절 등급별 처우······························································································179
제1항 개별처우계획의 수립···········································································179
제2항 처우등급·····························································································180
제3항 급별 처우····························································································184
제4항 수용자의 범죄횟수···············································································188
제4절 누진처우···································································································189
제5절 시설내처우제도··························································································193
제1항 수형자 자치제도(Inmate Self-Government System) ·······················193
제2항 카티지제(Cottage System) ·································································195
제3항 선시제도(Good Time System) ···························································196
제6장 안전과 질서
제1절 수용자 계호 ·······························································································198
제1항 개관····································································································198
제2항 계호행위·····························································································202
제3항 계호의 현대화와 탄력적 적용·····························································205
제4항 엄중관리·····························································································205
제2절 금지물품의 처리와 보호실 및 진정실 수용 ··················································210
제1항 금지물품의 처리 ················································································210
제2항 보호실 및 진정실 수용········································································212
제3절 교정장비의 사용 ························································································214
제1항 교정장비의 의의··················································································214
제2항 전자장비를 이용한 계호······································································214
제3항 보호장비(계구)의 사용·········································································216
제4항 강제력 행사························································································220
제5항 무기의 사용························································································222
제4절 규율과 상벌······························································································224
제1항 규 율··································································································224
제2항 포상제도·····························································································224
제3항 징벌제도·····························································································225
제7장 수용의 종료와 사망
제1절 수용의 종료와 석방···················································································238
제1항 수용의 종료························································································238
제2항 석 방··································································································238
제2절 사형확정자 처우·사형집행 및 사망 후의 절차···········································242
제1항 사형확정자의 처우··············································································242
제2항 사형의 집행························································································244
제3항 사망후의 절차·····················································································244
제8장 수용자의 법적지위
제1절 수용자의 법적지위와 인권의식 ····································································247
제1항 수용자의 법적지위와 인권의식의 변화(연혁) ·······································247
제2항 수용자의 권리와 의무·········································································248
제2절 수용자 권리구제제도 ·················································································255
제1항 개관····································································································255
제2항 수용자의 사법적 권리구제제도와 비사법적 권리구제제도····················256
제9장 미결수용제도
제1절 미결수용자의 법적지위···············································································271
제2절 현행법상 미결수용자 처우 내용 ··································································274
제10장 사회적 처우(개방처우)
제1절 개관·········································································································280
제2절 개방처우의 유형························································································281
제1항 개방시설(Open Institution)에 의한 개방처우·····································281
제2항 귀휴제도(Furlough System) ······························································282
제3항 외부통근제도(Work Release System, Prison Hostel Scheme) ·······286
제4항 부부특별면회제도·가족 만남의 집·수형자 합동접견제도··················289
제5항 주말구금제도(Weekend Imprisonment) ············································292
제6항 보스탈 제도(Borstal System) ····························································293
제7항 기타의 사회적 처우············································································294
제3절 사회내 유용자원의 동원에 의한 행형의 사회화···········································295
제1항 교정위원제도·······················································································295
제2항 교정자문위원회 제도···········································································295
제4절 중간처우제도와 중간처벌제도 ·····································································298
제1항 중간처우제도·······················································································298
제2항 중간처벌제도······················································································303
제11장 사회내처우(Community Treatment)
제1절 개관···········································································································310
제2절 가석방제도································································································313
제1항 개관····································································································313
제2항 현행법상 가석방··················································································315
제3절 보호관찰··································································································· 324
제1항 개 관··································································································324
제2항 관련문제·····························································································328
제3항 보호관찰의 실시·················································································330
제4항 대상자 준수사항과 위반시의 효과·······················································333
제5항 보호관찰의 종료·임시해제 및 정지···················································337
제6항 보호관찰소 선도위탁···········································································338
제4절 사회봉사명령과 수강명령···········································································339
제1항 의의····································································································339
제2항 사회봉사명령과 수강명령의 실시·························································342
제5절 갱생보호제도····························································································344
제1항 개관····································································································344
제2항 보호관찰 등에 관한 법률에 의한 갱생보호·········································346
제6절 지역사회교정····························································································349

제3편 형사정책론

제1장 형사정책의 의의 ·······························································································355
제2장 범죄 원인론
제1절 범죄의 원인에 대한 여러 관점···································································359
제2절 고전학파 ···································································································361
제1항 고전주의와 실증주의 비교···································································361
제2항 고전학파의 전개·················································································362
제3절 실증학파 ·································································································369
제1항 이탈리아의 초기 실증주의··································································369
제2항 제도학파(범죄지리학파·범죄통계학파) ; 1820년대~1830년대 ·········373
제3항 프랑스 환경학파(리용학파) ··································································374
제4항 독일 및 오스트리아의 초기 실증주의··················································377
제5항 생물학적 범죄원인론 - 개인적 범죄원인론·········································379
제6항 심리학적 범죄원인론···········································································385
제4절 미국의 범죄사회학파·················································································390
제1항 미국 범죄사회학파 개관······································································390
제2항 사회구조이론·······················································································391
제3항 사회화(과정)이론················································································400
제4항 갈등이론·····························································································410
제3장 한국의 범죄실태론
제1절 실태조사와 범죄추세(犯罪趨勢)의 분석 ························································416
제1항 범죄자료(범죄통계) ··············································································416
제2항 범죄별 범죄추세의 분석······································································421
제2절 환경인자의 범죄상관성··············································································426
제4장 형사제재론
제1절 형벌론 ······································································································437
제1항 형벌론 개관························································································437
제2항 양형과 양형의 합리화 방안································································440
제3항 형벌제도····························································································· 445
제4항 각종 유예제도·····················································································460
제5항 형의 시효와 형의 소멸·······································································464
제2절 보안처분론································································································467
제1항 보안처분의 개관··················································································467
제2항 현행법상 각종 보안처분······································································472
제5장 형사사법정책론
제1절 범죄대책···································································································486
제1항 범죄예방·····························································································486
제2항 범죄방지대책······················································································488
제2절 범죄예측 ··································································································490
제1항 의의····································································································490
제2항 범죄예측 방법·····················································································492
제3항 범죄예측의 한계·················································································493
제3절 범죄인 유형론···························································································494
제4절 범죄피해자론····························································································497
제1항 의의····································································································497
제2항 피해자학·····························································································499
제3항 피해자 분류························································································501
제4항 피해자의 보호·····················································································502
제5절 형사정책의 새로운 경향·············································································511
제6장 소년형사정책론
제1절 소년 범죄론 ·······························································································515
제2절 소년사건 처리절차····················································································524
제1항 개관····································································································524
제2항 소년사건의 처리기관···········································································525
제3항 소년법상의 소년보호사건처리······························································537
제4항 소년사건의 형사처분···········································································54