구속집행정지 제도의 문제점과 개선방안

Suspension of execution of confinement is a system to suspend execution of confinement temporarily in case there is a ‘probable cause’, which is used frequently by the court, prosecution or police in case there is a ‘probable cause.’ However, the two systems encounter criticism of being operated for the privileged class including the leadership of society. Especially, suspension of execution of confinement makes temporarily-released person to be called ‘a legitimate prison breaker.’ This way, suspension of execution of confinement which was established from a humanitarian point of view for prisoners is criticized for unfair operation without equity. Among the problems of the present suspension of execution of confinement are abstractness of the reason for suspension of execution of confinement, problem in application (suggestion) by the governor of prison for suspension of execution of confinement, uniform inspection and inquiry of subjects, problem in prevention of escape of subjects, and problems concerning the inclusion of the confinement period in the temporary accommodation period, etc. Improvement plans for the foregoing include materialization of reasons for suspension of execution of confinement, thorough hearing of the reason for suspension of execution of confinement, attachment of electronic surveillance equipment and reinforcement of conditions for security, establishment of the reason for application for suspension of execution of confinement and period of suspension, establishment of legal basis for extension‧shortening of suspension of execution of confinement, reasonable inspection and inquiry, and prohibition of departure of subjects, etc.