형집행정지제도의 공정한 운용을 위한개선방안 모색

A stay of execution of the sentence(SES) has been used to evade execution ofprison term left as a privileged personnel like politician, a corporate mogul getseasy permission by reason of simple health worsening or issue of a false medicalcertificate so on. On the other hand, it is happening the case that the convict inneed of urgent hospital treatment outside die from the delay or disallowing in theapplication because of the rigid screening and procedure. The system of SESnever changed from the past as revealed in this 'Samonim Case' despite effortsto past twice institutional improve of Supreme Prosecutor's Office. Poorinvestigation, the adhesion of prisoner and doctor and issue of false medicalcertificate, the prosecution's poor screening, post-mismanagement, the privilegesof former post so on. They resulted in serious distrust of the operating systemoverall of SES and further the judicial system as a whole. To prevent abuse andfair operation of SES, it is necessary to significantly improve the level of carein the hospital in prison and prepare the National Hospital and specialist for thetreatment of inevitable outside in the long-term plan. Also it has to reviewaffirmatively the plan that the court controls a execution of the sentence or SESlike developed-countries in Europe to enforce the judicial control and protect thehuman rights of prisoners. In the short-term plan, it could be concerned providingby law the main content of SES and making a disclosure of detailed guidelinesand decisions for the privileged figures, posting a prosecutor with medicalknowledge and experience or exclusive prosecutor in SES, appointing as external member in the majority of committee members and giving effect of sentence inthe result of screening. It may also consider the plan of right to apply of theprisoner and appointment of public defender, a judge of a plural doctor, changingof the subject post-observation to a probation office so on.