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소년보호연구 update

Korean Juvenile Protection Review

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수록정보
수록범위 : 1권0호(1999)~34권2호(2021) |수록논문 수 : 403
소년보호연구
34권2호(2021년 12월) 수록논문
최근 권호 논문
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KCI등재

1청소년비행예방센터 교육대상자 심리 특성 분석 및 교육과정 개발에의 함의

저자 : 박은영 ( Park Eun-young ) , 권해수 ( Kweon Hae-soo )

발행기관 : 한국소년정책학회 간행물 : 소년보호연구 34권 2호 발행 연도 : 2021 페이지 : pp. 1-27 (27 pages)

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This study aimed to lay the groundwork for the operation of specialized programs for each requesting institution and delinquencies type conducted by the Juvenile Delinquency Preventive Center(JDPC). For this purpose, 683 data including the psychological and legal attitude variables of the subjects those who participated in the education programs conducted by Juvenile Delinquency Preventive Center in nationwide were analyzed. The results are as follow. First, number of participation in education at the JDPC were counted. 21.6% among subjects requested for special education from school requests were attending twice, 7.5% were their third. 12% of subjects to suspension of prosecution due to conditional education requested by the prosecution, 13% of subject to a court-requested consultation investigation, 31.6% of subjects to the court's request to take classes, and 35.7% of subject to additional disposition requested by the court were their second participation. Second, significant differences of psychological and law attitude variables were not found between subjects for each institution requested for education. In delinquency behavior, the difference between educational request institutions was significant, but the post-analysis results were not significant. Finally, no significant difference could be found between delinquency types on psychological and law attitude variables. Based on the results of this study, implications for the development and operation of the JDPC curriculum were presented.

KCI등재

2수사환경 변화에 따른 소년사법 개선방안 - 소년사건 처리 관련 법령 검토를 중심으로 -

저자 : 김민규 ( Kim¸ Minkyu )

발행기관 : 한국소년정책학회 간행물 : 소년보호연구 34권 2호 발행 연도 : 2021 페이지 : pp. 29-50 (22 pages)

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The so-called adjustment of the investigative powers of the prosecution and the police brought major changes to the roles and functions of the prosecution and police.
The key to this adjustment is that the police are given primary investigative power and can conduct investigations independently. Even if there is no suspicion of a crime, the police can close the investigation on their own. On the other hand, the prosecution can directly investigate only six major crimes. Moreover, it is only possible to control the police investigation results later. In addition, the police organization was divided into the national police and local police.
The purpose of this study is to examine how the adjustment of investigative powers affects the juvenile justice procedure.
To this end, I will first examine and review the current laws and regulations related to the juvenile justice procedure. Next, we will examine what measures can be taken to improve the juvenile case.

KCI등재

3청소년 살인범죄 피해자의 재피해화자에 관한 연구

저자 : 김성희 ( Kim Sung Hee ) , 김리원 ( Kim Lee Won ) , 성현준 ( Sung Hyun Jun )

발행기관 : 한국소년정책학회 간행물 : 소년보호연구 34권 2호 발행 연도 : 2021 페이지 : pp. 51-79 (29 pages)

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This study aims at identifying re-victimization (repeated/multiple victimization) that can occur to victims of violent crimes. For this purpose, a total of 61 judgments of juvenile homicide cases were collected from 2012 to 2020, and among them, 68 cases of juvenile defendants, including accomplices, were used as research data in 49 cases excluding the judgments of the appeals court. As a result of the analysis, it was confirmed that 48.6% of the victims suffered re-victimization out of all cases, and the ratio of re-victimization was particularly high when the victim and the perpetrator had the friend relationship (housemate after running away from home, schoolmate, etc.). Assault and sexual offenses were the most common types of victimization, and as an important key factor, the greater the number of accomplices in a case, the higher the likelihood of re-victimization. Through this, the significance of the study, discussion, and policy proposal were suggested.

KCI등재

4일본 보호관찰의 현황 및 그 시사점

저자 : 김혁 ( Kim¸ Hyeok )

발행기관 : 한국소년정책학회 간행물 : 소년보호연구 34권 2호 발행 연도 : 2021 페이지 : pp. 81-104 (24 pages)

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As a result of recognizing the importance of treatment in society, the extension of probation has been steadily expanded, and accordingly, probation systems based on various laws have been established. Even if the name of probation is the same, there are systems with different legal characteristics, and the contents of probation or the effects of violations must be reviewed individually. In particular, in the case of parole and suspended execution imposed on adults, which account for most of the probation, problems such as the absence of intermediate sanctions in violation of compliance and the limitations of appropriate supervision and treatment have been steadily raised.
In this situation, examining foreign-related systems and looking back on Korea's systems can provide a clue to the improvement of our system. Considering that the word probation itself accepted the Japanese term, it is meaningful to look at the current status of probation in Japan. Japan's probation system is the same as ours, but it is distinguished from ours in that partial suspension of execution is allowed. In Japan, as in Korea, partial revocation of suspension of execution is impossible, but unlike in Korea, partial suspension of execution is established to ensure the effectiveness of probation.
Those who have been sentenced to suspension of execution for part of their sentences will be treated within society through probation for the remaining period of probation after the detention is terminated. By introducing such a system, Japan is attempting to avoid the problem of a short parole period and solve the problem of difficulty in supervising and supervising upon release. With the recidivism rate of those under probation still high, it is necessary to devise a system that can ensure the effectiveness of probation and secure a sufficient period of treatment in society in Korea.

KCI등재

5소년원 임시퇴원제도에 대한 정책적·입법적 개선방안

저자 : 김혜정 ( Kim¸ Hye-jeong )

발행기관 : 한국소년정책학회 간행물 : 소년보호연구 34권 2호 발행 연도 : 2021 페이지 : pp. 105-128 (24 pages)

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In the Juvenile Act, there is a protective disposition for resocialization from an educational point of view that helps juvenile offenders grow into healthy adults. The reason why we are preparing a juvenile criminal justice policy separately from the criminal justice policy for adults is that we believe that juvenile offenders have a higher potential for education and improvement than adult offenders. It is necessary to help juvenile grow into healthy adults rather than stigmatizing them as criminals and punishing them even if they commit crimes.
The Juvenile Reformatory provides education such as subject education, vocational competency development training, and certification exam so that juvenile in protection can be nurtured so that they can return to society as healthy juveniles. Among juveniles detained in Juvenile Reformatory, if it is recognized that the purpose of correction has been achieved because of good correctional grades, they are subject to 'Release on Parole' or 'Release' pursuant to Article 44 of 'Act on the Treatment of Protected Juveniles'.
Protective juveniles imposed with disposition No. 9 will be 'Release on Parole' from the Juvenile Reformatory with about one month remaining. Upon release on parole, the juvenile will be charged with probation for six months. Because of the situation in which they will receive probation for a period that is about six times the remaining period, juvenile in probation often think that release on parole is rather unfavorable treatment.
In principle, it is reasonable that the probation imposed along with Release on Parole should be for the remainder of the confinement period. For the judgment of Release on Parole, it is necessary to make a specific evaluation using various currently developed recidivism risk assessment tools. If necessary, it is also necessary to actively review the development of a tool to evaluate the recidivism risk of children in protection.

KCI등재

62021년 일본 소년법 개정에 대한 검토 - 18·19세 소년(특정소년)의 새로운 처분을 중심으로 -

저자 : 손여옥 ( Son Yeo-ok )

발행기관 : 한국소년정책학회 간행물 : 소년보호연구 34권 2호 발행 연도 : 2021 페이지 : pp. 129-150 (22 pages)

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On March 2021, the bill for partly amending the Juvenile Act was submitted to the National Assembly. It was formed as it is on May 21, 2021 and will be implemented from April 1, 2022.
The Juvenile Act and Criminal Act Subcommittee (for Juvenile Age and Offenders Treatment) of the Judiciary Committee has paid attention to the fact that 18 and 19 years old youths have the right to vote as a result of the amendment to the Public Office Election Act and they are treated as adults from 2022 as a result of the amendment to the Civil Act, and considered lowering the age at which the Juvenile Act is applicable.
The amendments that have been completed through long discussions define 18 and 19 years old youths as “Specific Juveniles” and treat them different from persons under the age of 18 by making an exception. In other words, although 18 and 19 years youths still cannot be considered full-grown youths, they are beings expected to participate in the society with responsibilities having the right to vote and, therefore, they are defined as intermediate persons between juveniles and adults. The basic framework of the current Juvenile Act un which all cases are forwarded to family courts and probation is determined by conducting investigations and rendering a judgment, remains effective as to specific juveniles. As a result of these amendments, however, as for 18 and 19 years old youths, the scope of the so-called “referral to public prosecutor in principle” extends to the offenses punishable by imprisonment with or without forced labor for a short term of one (1) year. Moreover, the provision defining juveniles likely to commit a crime in the future is not applicable (as an exception for probation). The exception of report prohibition is applicable after indictment. If a suspect is forwarded to the prosecution and then, is subject to criminal judgment, an indefinite term of sentence does not apply and the exception of restrictions on qualifications does not apply as well (which means that they are subject to the same disposition as adults in principle). Those provisions are exceptions different from the provisions for persons under the age of 18.
The discussion about specific juveniles are also a discussion about legal bases under juveniles should be defined under the Juvenile Act. Furthermore, the exceptions for specific juveniles open a couple of doors to rehabilitate 18 and 19 years old youths and, in certain cases, to hold them strictly responsible for the offenses they have committed. Taking into serious consideration whether relevant principles and exceptions under the Juvenile Act can possibly coexist, should of great help to establish directions and juvenile policies of the Juvenile Act in the future.

KCI등재

7회복적 사법의 한계 극복 및 형사사법 정의와의 조화 - 소년사법을 중심으로 -

저자 : 신혜진 ( Shin Heajin )

발행기관 : 한국소년정책학회 간행물 : 소년보호연구 34권 2호 발행 연도 : 2021 페이지 : pp. 151-182 (32 pages)

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If we look at the characteristics of recent school violence and juvenile crimes, there are many propensities to commit crimes to finance entertainment expenses, Internet games, and gambling, rather than crimes committed because of economically difficult family circumstances. It is being grouped and organized, verbal violence in cyberspace is also increasing, and the tendency to show off crime through SNS is greatly increasing. They seem to have no fear of crime at all, and they seem to lack social skills as well as empathy and conflict resolution skills.
It would be said that existing criminal justice, which seeks strong and retributive punishment for juvenile offenders, is no longer enough to fundamentally solve juvenile crimes. I think restorative justice, which contributes to the acceptance of juvenile's voluntary responsibility and return to society, and has a positive effect on the recovery of victims and increasing the participation of the local community, needs to be supplemented with the criminal justice system while harmonizing with criminal justice.
Therefore, it is necessary to analyze various problems such as the limitations of the restorative justice system in the juvenile justice field, which is being implemented under the current law, and study ways to engage the family and the local community, not just the participation and mediation of both parties. I think it is necessary to introduce criminal mediation tailored to juvenile crimes such as parental participation, and it is necessary to clearly classify the crimes subject to restorative justice, and to clarify the regulations on institutions responsible for implementing restorative justice and procedures.
The restorative justice process should be implemented over a long period of time, from six months to one year, as in the United States and the United Kingdom, and more systematic training is urgently required for mediators and participants who practice restorative justice.
Through this improvement process, restorative justice will be able to properly achieve the goals of reintegration of the perpetrators into society, the healing of the victimized juveniles, and the restoration of the community in the juvenile justice field.

KCI등재

8가출 청소년의 사회적응성 향상을 위한 쉼터 개선 및 가상현실(VR) 프로그램 활용 방안

저자 : 이윤수 ( Lee¸ Youn-soo )

발행기관 : 한국소년정책학회 간행물 : 소년보호연구 34권 2호 발행 연도 : 2021 페이지 : pp. 183-206 (24 pages)

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This study has exploration of Virtual Reality Program element for adjustment resilience of review the readiness of independent living of runaway youths at the youth shelters under the assumption that there haven't been enough studies about the readiness for successful independent living of the runaway youth at those shelters. The purpose of this research is to present fact that the runaway youth have experienced youth misconduct for satisfying their needs and is to emphasis the necessity of youth shelter to protect the runaway youth for prevention of their misconduct and is to present the roles of youth shelter for the runaway youth misdeeds prevention and the right guidance through the facility extension of youth shelter the public relations and service improvement. Especially, this study has focused on the extent of the readiness of the runaway youth, the relevance with sub-variables and influencing factors for independent living at those mid & long-term shelters. community activities and supports from community showed all meaningful relevance to all self-management. this study have been research literature research and Focus group interview of 5 to Youths Shelter manager. Youths Shelters are operated according to three models building a systematic network among shelters and the development of professional expertise are vital to the success of shelters. Shelters of each model type should be characteristically developed. This thesis shows that Viral Reality technique which make a per son be able to look, feel, hear and inter action in the computer generated situation can over come some of the difficulties inherent in the traditional treatment of phobias. Youths Shelter needed appreciated of the various establishment a peculiarity and they connectivity and exploration of Virtual Reality therapy, program, network for the improvement and synergy effect.

KCI등재

9아동·청소년 디지털성범죄 피해 예방 및 피해자 지원 방안

저자 : 정도희 ( Dohee Jeong )

발행기관 : 한국소년정책학회 간행물 : 소년보호연구 34권 2호 발행 연도 : 2021 페이지 : pp. 207-227 (21 pages)

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Recently, digital sexual offenses have been continuing in our society. They are becoming more diverse and, victims are getting younger. It is miserable that we can be victims ourselves, and our children can also be victims. The state has to prevent crime, so it has to support and protect victims. Digital Sexual offenses cause constant pain to victims for their life. If victims are Children and adolescents, they suffer from damage for their whole life, perhaps eternally. In this article, I reviewed the concept of digital sexual offenses used in the Korean government policies and the current legislation for victim support and suggested preventing and supporting damage, especially when targets are children and adolescents. After that, I made suggestions for damage preventing and supporting measures.

KCI등재

10소년원의 코로나 19 대응 실태와 개선방안 연구

저자 : 조영오 ( Youngoh Jo )

발행기관 : 한국소년정책학회 간행물 : 소년보호연구 34권 2호 발행 연도 : 2021 페이지 : pp. 229-250 (22 pages)

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The covid-19 pandemic influences all the aspects of society including operations of juvenile correctional facilities in South Korea. The purpose of the current study is to examine changes in population, regular programs, and extracurricular activities of the juvenile correctional facilities. According to the results, there was no significant changes in the total number of inmates, admissions, and the ratio of early releases among the total releases since the outbreak of covid-19, indicating that reducing the population of facilities was not considered to limit the spread of covid-19. Regular programs, such as education, vocational/training, and character-based (rehabilitation, social skills) programs operated during the pandemic because the programs were managed by residential staffs. However, activities run by non-residential staffs or outside facilities, such as religious services and community activities were almost stopped since February 2020. Face-to-face visitations were limited, while phone calls significantly increased since the onset of covid-19. Discussions and implications of the results are provided.

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