수강명령제도의 형사제재로서의 역할에 대한 소고

With the suggestion of institutional treatment's problems, community treatment was appeared under the basis that it's effective for prevention of labeling effect and rehabilitation of criminals. In comparison with institutional treatment, community treatment has a strength that it's economical, humanitarian and effective as a criminal sanction. Therefore, there are continuously efforts to replace institutional treatment with community treatment. Especially, if considering the principle of criminal law's supplement, punishment will be used as the final measure. Furthermore, if there is any measure guaranteeing effectiveness, punishment must hide behind it. So, recent treatment is focusing on community treatment moved from institutional treatment. For the community treatment conducted for adult criminals because of the revision of criminal law in 1995, there are probation, social service and attendance center order system. The uses of the community treatment are continuously increased by imposing as a type of parallelism during the suspended sentence or probation and replacing institutional treatment. Especially, youth criminals recently can sentence as an independent system, so the area of application is expected to be widened as adult criminals if the positive evaluation of execution is expanded. Like that, there are efforts of studying and policy which intend to increase their application as the community treatment at present. Recently, revision of special obeying article (Article 32 of law related to probation) for probation order, social service ordering replacement of penalty defaulting person, etc. are the results. In here, this study intends to examine the current situation of attendance center order execution and future's tasks, etc. for the vitalization of attendance center order.