치료명령제도의 도입에 따른 법적 개선방안

The Legal Improvement on Community Order

The purpose of Medical Treatment and Custody Act is to prevent from recommitting crime those who have committed an offensive act in a state of mental disorder, addiction to narcotics, alcohol or other drugs, or psychosexual disorder and are deemed likely to recommit crime and to require special education, betterment and medical treatment and facilitate their rehabilitation by providing them with proper protection and medical treatment. And when this Act was amended at Dec. 1, 2015, community order was introduced to korean law system. Community order aims to reduce re-offending by alcohol misuse or mental and physical disability. So a mentally handicapped person who is subject to a reduced sentence under Article 10 (2) of the Criminal Act, and has committed an offense entailing imprisonment without prison labor or heavier punishment and chronic drinker who has committed an offense entailing imprisonment without prison labor or heavier punishment be sentenced to community order. They should receive involuntary outpatient commitment and be placed on probation during community order. Amended provisions aim to present local providers with flexibility to tailor requirements to individual need, changing patterns of substance misuse and moving towards a recovery-focused approach to treatment. But there are some problems and need to find improvement about community order proceedings. So, this study aims to legal improvement of community order including relations medical treatment and custody with community order, community order to insanity person, consent of person subject to community order, treatment period, burden of expenses, conditional suspension of indictment, spontaneous participation, pre-hearing procedure, and etc.