구금시설 수용자에 대한 징벌제도의 개선방안

The most frequent and serious thing among all problems of abuses of human rights occurring in the prison is the matter of discipline. The discipline is an extremely sensitive matter to prison inmates. It’s not only because of that the discipline itself, accompanied with comprehensive limitation of rights, is very painful, but because of that it makes inmates have considerable disadvantages in the progressive stage system and become hard to get a chance for furlough or parole as a result of that. On the other hand, the discipline makes a start of new conflict because the fact that a discipline is imposed in the prison means that there have been already a large amount of conflicts and after that, the inmate who the discipline was imposed on causes much more troubles and conflicts in an desperate situation. Furthermore, the inmate files a petition or lawsuit to several institutions against an abuse of human rights. Having been in the decline since 2005, these petitions or lawsuits against abuses of human rights arising from disciplines are still of highly great importance. Some of these objections are raised properly but some are just remedies for grievances. In any case, however,that the discipline is not the chance of self-examination or lessons but the cause of grievances and conflicts shows that there are lots of problems of the content,effect and procedure of it. This study starts from the purpose of analyzing the problems of the discipline and coming up with the improvement plan of the discipline system to solve these problems and conducted as follows. Firstly, the cases of abuses of human rights arising from disciplines were analyzed around the decisions of the Supreme Court and the Constitutional Court. Secondly, the substantive and procedural problems of the discipline were organized according to the analysis. Finally, the specific plans were sought to improve the problems.