Research On The Penal Servitude In Korean Criminal Law

In Korean Criminal Law,the free penalty has been divided into three types: penal servitude,imprisonment and confinement.In the penal servitude,prisoners have to work during the jail time.The penal servitude is similar to compulsory labor in Chinese criminal law,but they still have some differences.It is the most important distinction differentiates the free penalty.Because penal servitude and imprisonment blur into each other,whether or not protect the differences,the short-term imprisonment penalty,overemphasize the pursuit of profit and enforce minimum wage standard are a long-standing debate among jurists.The right way is let penal servitude and imprisonment becomes one,and there is no compulsory labor in free penalty.It is also necessary to keep short-term imprisonment and look for the alternative measures.Redirect the goal of compulsory labor,do not carry out minimum wage standard too fast,and set up private jails in limited field.My paper contains 6 parts.The first part starts with the system of the free penalty in Korean Criminal Law.The legislative background and the traits of penal servitude will help us to find out the answer of the question that why the Law divides the free penalty into three types.The second part will discuss the range of application.Base on general theory of criminal law,the paper will analyze each provision of the criminal law,try hard to find the rule of how penal servitude is used,for the sake of lay the foundation of improvement.The third part is the implementation.After a defendant was sentenced to penal servitude,how can the sentence to be executed? This part will discuss the procedure and those unsatisfactory issues.Next part will be focus on the problems about penal servitude.Including the problems about the distinguish standard of free penalty,short-term imprisonment,private jails and minimum wage standard.The last two parts are system comparison between Korean and Chinese free penalty,and the implications towards China.Chinese legislation has no need to make free penalty falls into three types,it's enough that just prefect the treatment measures of prisoners and the ways of execution.On the one hand,change the purpose of prison labor fleetly,strengthen prisoner's awareness of protecting of their own rights.On the other hand,in order to make criminals to achieve rehabilitation easier,the Law must reform the treatment of offenders and detailed standard.