受刑者의 非司法的 權利救濟制度

A Study on the System in the Non-Judicial for Relief of the Prisoners' Right

The prisoners' status, decided by the law, and their right, restricted by the law, must be in the minimum extent for the purpose. The measure to help them return to the society should not be admitted in case of the possibilities of infringing their human right without being regulated by the law. But provisions which restrict the freedom of prisoners' use vague concepts or contents, and there is a wide room to infringe the prisoner's human right because of the broad discretionary power given to the authorities such as the warden of the prison. And the right of the prisoners' unfairly disturbed, if there is the purpose of guaranteeing, by the penal authorities their right should be protected to enact the proper system for their relief. For this reason in many countries, the trend to enact the penal law is to make the system for guaranteeing theprisoners' legal relief, and this is realized through the cases and administrative judgements in the penal relation. This study describes the system for relief of the prisoners' right, including the need of the system for relief of the prisoners' right, the review of thesystem in the non-judicial cases in foreign countries compared with our nation, and the problems and the improvement measures of the system in the present law.