치료사법의 관점에서 도입된 치료명령제도에 대한 검토

This article aims to study treatment order as a therapeutic justice model, which is bing developed by therapeutic jurisprudence and problem-solving court. In recent years, the traditional criminal justice system fails to address the underlying problems that cause recidivism. Therapeutic jurisprudence is being introduced as a solution th the problem of recidivism. Therapeutic jurisprudence has been developed as an interdisciplinary examination of the criminal law’s potential as a therapeutic agent. Therapeutic jurisprudence is an interdisciplinary scholarly approach that asks us to envision law as an instrument of healing and rehabilitation and to examine on this dimension rules of law, legal process and the roles played by those who apply the law. Therapeutic justice already was introduced in Korea through ‘Medical Treatment and Custody Act(MTCA)’. The purpose of MTCA is to prevent from recommitting crime those who have committed an offensive act in a state of mental disorder, addiction to narcotics, alcohol or other drugs, or psychosexual disorder and are deemed likely to recommit crime and to require special education, betterment and medical treatment and facilitate their rehabilitation by providing them with proper protection and medical treatment. And when MTCA was amended at 2015, treatment order as a Therapeutic justice was introduce. The purpose of treatment order is eliminating the reason of crime by providing an opportunity of treatment. through these therapies, offenders can reborn as a proper member of the community and incidence of crime will decease, eventually, to protect the whole community. In order to effectively administer treatment order, it is necessary to improve relevant regulations. And it is also necessary to select the appropriate subjects through the typification of treatment order.