독일의 보호관찰제도 및 준수사항 위반자에 대한 대응

The probation system in Korea is established as a central criminal policy measure. However, problems have been pointed out in the operation of the probation system. In particular, probationers are subject to compliance requirements under the Probation Law and individual laws, but the means of dealing with violations of compliance requirements are very limited, and the means are polarized, such as warnings or cancellations of parole and execution suspension. As a result, the current probation system does not have an intermediate level of sanctions, making it difficult to respond early to violations of compliance requirements, and ultimately intervening through extreme measures only when it reaches the stage of re-offending. In seeking solutions to these problems with probation system of Korea, a review of foreign legal systems can provide clues to the solution. The German probation system is characterized by the fact that the German Criminal Code directly stipulates the detailed contents of compliance requirements that can be imposed by the court. In Korean criminal law, it is more appropriate to directly stipulate the specific contents of compliance requirements in the criminal code in order to emphasize the importance of compliance requirements. And the extension of the probation period recognized as a violation effect under German criminal law does not exist in Korean criminal law. This has the nature of a mitigated sanction in accordance with the principle of proportionality rather than cancellation of execution suspension or parole. In Korea, sanctions for violations of compliance requirements are polarized and there is virtually no intermediate sanction, making it difficult to secure the effectiveness of compliance requirements in reality. The extension system for probation periods is worth considering as an intermediate sanction for violations of probation compliance requirements.