社會奉仕命令制度

A Sturdy on the Community Service Order System

Although the community service order system is taken effect by many nations, it is hard to define. That is the reason why the legal character of it is different in accordance with a punitive organization in every country and it comes into operation very differently in line with a social and cultural condition. But the community service order system is generally considered by the system for making a criminal work without any pay during a given period of time, leading him a normal life. In our country, the probation, community service order and tuition order system on juvenile protection case was taken effect from 1989. And on the basis of the experience the criminal law was reformed in 1995, the law on probation, etc. was reformed in 1996 also. Therefore, the probation, community service order and tuition order system on an adult convict was in operation from 1, 1997. as a necessary consequence. This was introduced into Article 62 - 2 of the criminal law on condition of a stay of execution. As a result, the necessity of operating the community service order system to adult convict also is for a viewpoint of minimizing a moral violation against a convict, protecting an abuse against a confined punishment, maximizing the effect of reparation for a sufferer and society, promoting rehabilitation in society for a criminal, mitigating the number of convicts to be admitted within a prison, diversifying a punishment, and maximizing the effect of social protection from a crime. But, the comprehension about it has been insufficient, since the community service order system on an adult convict was carried out. Also there was many problems in operating it. That is, there need many of probation officer, develops a various contents of program for the community service, and must build up closer cooperation systems between a service organization within a region and a public body. Also the legal emotions of the nation and the feeling of being victimized of a sufferer must be considered for keeping up an optimum level between the contents or period of community service and the punitive execution.