Application of Summary Judgment Procedures for Minor Crimes of Prisoners

In recent years, the number of cases of disciplinary violations in correctional facilities has been increasing. One of the reasons for this is the absence of sanctions against violations of discipline. The only means of sanctioning violations of discipline are the sentencing and punishment, so the convict who abuse this gap is increasing. Therefore, in this study, a plan to apply the summary judgment procedure to minor crimes was proposed as a new sanctions tool to fill the gap in these sanctions. If a summary judgment procedure is introduced for minor crimes, it can be immediately effective through a prompt procedure. In addition, it will be possible to supplement the incapacity of punishment by extending the sentence period to detention. Currently, there are no basic regulations for applying the summary judgment procedure to violations of the rules of correctional facilities, so it is necessary to amend the Summary Trial Act and the Criminal Execution Act to create the basis regulations. In the Summary Trial Act, as a proviso to the Article 3 (1) claimant regulation, a new provision stating, 'If another law stipulates a claimant for a minor crime, the person shall request a summary trial to the competent court.' It was proposed to lay the groundwork for the right to request a summary trial by the head of the correctional facility. In the Criminal Execution Act, it was proposed to establish a new type and punishment clause for minor crimes in Part 5 of the Penalty Act, and a new provision to grant the right to request a summary trial in the head of the correctional facility for such minor crimes.