교정시설 수용자의 처우 개선방안에 대한 연구

As is well known, the Penal Execution Act aims to promote correctional education and sound rehabilitation of inmates, and to prescribe matters necessary for the treatment and rights of inmates and the operation of correctional facilities. For the purpose of such correctional education and sound rehabilitation to society, inmates may have a relatively higher degree of restriction of basic rights compared to non-recipients. However, there is no different theories that inmates not only have dignity and value as human beings as a person of the people, but also become subjects of various basic rights guaranteed by the constitution. The specific limitations on the restriction of the basic rights of inmates shall be established by bridging the specific content and nature of freedom and rights, and the aspect and degree of the restriction in accordance with Article 37(2) of the Constitution. Even if some restrictions on these basic rights are inevitable to maintain safety and order in the detention facility, they should not violate the principle of excess prohibition, which means the legitimacy of the purpose, the appropriateness of the method, the minimum of damage, and the balance of legal interests. Therefore, it is necessary to review the discussion situation of the National Assembly, which is being discussed at the present time as a reasonable improvement plan for the treatment of inmates in correctional facilities among the various contents stipulated in the Penal Execution Act. At the same time, it is time to seek a more human rights-friendly system for inmates by analyzing the background of the discussion, the feasibility of future legislation, and system justification. Based on the above circumstances, this paper will consider ways to improve the treatment of inmates in correctional facilities, focusing on the contents of a total of five revised bills to the Penal Execution Act submitted to the 22nd National Assembly on May 2024.