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Subject

Legal Problems of Private Prison in the Republic of Korea : From the Perspective of Administrative Law
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우리 민영교도소제도의 행정법적 문제

논문 기본 정보

Type
Academic journal
Author
Yoo Hwan Kim (이화여자대학교)
Journal
Korea Administrative Law And Practice Association ADMINISTRATIVE LAW JOURNAL No.40 KCI Accredited Journals
Published
2014.11
Pages
85 - 106 (22page)

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Legal Problems of Private Prison in the Republic of Korea : From the Perspective of Administrative Law
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Abstract· Keywords

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The Republic of Korea enacted the Establishment and Operation of Private Correctional Institutions Act in 2000. By introducing private management skills and professional problem-solving methods to operating prisons, this act aims to reduce the national budget for correctional administration and increase the efficiency of correctional institutions.
Following the enactment, the first private prison in the Republic of Korea---the Somang Correctional Institution---opened in 2012. This institution’s performance for the past three years has been satisfying.
However, there still exist legal uncertainties around the private prison system.
As the Korean legal system stemmed from Germany’s Continental legal system, it has been challenging to fully understand the legal meaning of the private prison system, which was designed according to Common Law pattern.
Because of this, the Establishment and Operation of Private Correctional Institutions Act was enacted without adequate understanding and legal research on the private prison system.
Until today, academic research on this topic is not sufficient to resolve possible problems in the public law field.
When the entrustment contract between the state and the corrections corporation terminates in 2015, the Korean Government will have an opportunity to rebuild the private prison system.
In doing so, I suggest the following as the ways to construct a sustainable private prison system:
First, corrections corporations should be guaranteed the right to continue and expand their service as well as the right to benefit from the corresponding economic returns.
Second, the responsibilities of the state should be clearly stated in the contract. Furthermore, clear distribution of authorities and responsibilities between the state and corrections corporations needs to be stipulated.
Third, the service-providing projects by corrections corporations should not be regarded as government-subsidized projects. They must be understood under the concept of the “guarantor state”.
Lastly, a new paradigm of public-private partnership needs to be developed.

Contents

국문초록
Ⅰ. 문제의 제기
Ⅱ. 교도소 민영화의 가능성과 한계: 민간위탁의 법리와 관련하여
Ⅲ. 민영교도소의 법률관계의 성격
Ⅳ. 교도소 민영화와 국가의 보장책임
Ⅴ. 결어
참고문헌
〈Abstract〉

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  • 부산고등법원 2003. 11. 20. 선고 2003나4464 판결

    한국방송통신대학교 학칙은 고등교육법 및 동 시행령에 따라 위 대학교 산하 학생회 활동을 규율하기 위하여 제정된 것으로 학생들, 학교당국 및 교직원 모두를 구속하는 자치규범이고, 위 학칙에서 총학생회장 및 지역학생회장의 자격기준을 재학중 이수한 학점의 평점 평균이 1.7 이상인 자로 규정하고 있는 점에서 이는 학생회장으로 입후보하기 위한 최소

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UCI(KEPA) : I410-ECN-0101-2016-363-000995176