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과제명 형제복지원 사건 피해자 실태조사
기관명 부산광역시 담당부서 민생노동정책관 인권노동정책담당관
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계약정보

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수행기관 동아대학교 산학협력단 [대학]
수행연구원 남찬섭 계약일자 2019-07-10
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과제정보
제목 형제복지원 사건 피해자 실태조사
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제1장 서론 ··································································································································· 1 제1절 형제복지원 사건의 배경과 성격 ··············································································· 3 제2절 진상규명 및 피해회복의 필요성과 연구의 목적 ······················································ 9 제3절 연구방법 및 내용 ······································································································· 13 제4절 연구의 한계 ················································································································ 17 제2장 형제복지원 사건의 전개과정과 그에 대한 법적 평가 ·················································· 19 제1절 내무부훈령 제410호 ··································································································· 22 제2절 수용과정 ······················································································································ 29 제3절 운영과정 ······················································································································ 40 제4절 수사 및 재판과정 ······································································································· 54 제5절 부산시의 대응 ············································································································· 59 제6절 1987년 이후 형제복지원의 변화 ·············································································· 79 제7절 소결 - 국가범죄로서의 형제복지원 사건 ································································· 90 제3장 형제복지원 사건 피해자 실태조사 결과 ········································································ 93 제1절 설문조사 결과 분석 ···································································································· 95 1. 설문조사의 개요 ·········································································································· 95 2. 설문조사 결과 ············································································································ 107 제2절 심층면접 결과 분석 ···································································································· 166 1. 재가피해자 심층면접 결과 ························································································· 166 2. 재원피해자 심층면접 결과 ······················································································· 278 3. 유가족 심층면접 결과 ································································································· 297 제3절 자료조사 및 관계자 조사 결과 ················································································· 322 1. 자료조사 결과 ············································································································· 364 제4장 피해 내용 및 규모 추정 ·································································································· 377 제1절 피해내용 종합 ················································································································ 379 1. 가난한 사람에게 집중된 불법적 수용 ······································································· 379 2. 수용중 만연한 가혹행위와 박탈 ·············································································· 387 3. 아직도 밝혀지지 않은 사망사건 ·············································································· 401 4. 남은 가족의 고통과 퇴소 후 가족해체 ····································································· 408 5. 시설 전원인들의 삶 ···································································································· 415 6. 지속되는 경제적 고통 ································································································· 421 7. 지속되는 신체적·심리적 고통 ···················································································· 428 8. 열악한 삶의 질과 관계망 ··························································································· 436 9. 국가책임 인정에서 시작하는 후속대책 ····································································· 440 제2절 피해규모 추정 ············································································································· 446 1. 수용자 규모 ················································································································· 446 2. 기준집단과의 격차를 통해 본 피해규모 ··································································· 452 제5장 피해회복 등을 위한 후속대책 ························································································ 461 제1절 국가 차원의 후속대책 ································································································ 463 제2절 부산시 차원의 후속대책 ···························································································· 476 제3절 시민사회의 역할 ········································································································· 494 참고문헌 ······································································································································· 505 부 록 ············································································································································ 513 1. 빈도분석 결과 ··················································································································· 515 2. 형제복지원사건의 전개과정 ····························································································· 565 3. 시민사회 연대활동 경과 ·································································································· 572 4. 형제복지원 관련 자료 목록 ····························································································· 581 5. 1987년 김용원 검사 수사자료 중 '감금피해자 일람표' 일부 ·································· 609 6. 내무부훈령 410호 전문 ··································································································· 612 7. 보건사회부 훈령 제523호 ································································································ 629 8. 부산 형제복지원 신민당 진상조사 보고서 ····································································· 637 9. 심층인터뷰 설명문 및 동의서, 설문지 ··········································································· 649 10. 설문조사 설명문 및 동의서, 설문지 ············································································· 671
 

제1장 서론 ··································································································································· 1

 제1절 형제복지원 사건의 배경과 성격 ··············································································· 3
 제2절 진상규명 및 피해회복의 필요성과 연구의 목적 ······················································ 9
 제3절 연구방법 및 내용 ······································································································· 13
 제4절 연구의 한계 ················································································································ 17


제2장 형제복지원 사건의 전개과정과 그에 대한 법적 평가 ·················································· 19

 제1절 내무부훈령 제410호 ··································································································· 22
 제2절 수용과정 ······················································································································ 29
 제3절 운영과정 ······················································································································ 40
 제4절 수사 및 재판과정 ······································································································· 54
 제5절 부산시의 대응 ············································································································· 59
 제6절 1987년 이후 형제복지원의 변화 ·············································································· 79
 제7절 소결 - 국가범죄로서의 형제복지원 사건 ································································· 90


제3장 형제복지원 사건 피해자 실태조사 결과 ········································································ 93

 제1절 설문조사 결과 분석 ···································································································· 95
 1. 설문조사의 개요 ·········································································································· 95
 2. 설문조사 결과 ············································································································ 107

 제2절 심층면접 결과 분석 ···································································································· 166
 1. 재가피해자 심층면접 결과 ························································································· 166
 2. 재원피해자 심층면접 결과 ······················································································· 278
 3. 유가족 심층면접 결과 ································································································· 297

 제3절 자료조사 및 관계자 조사 결과 ················································································· 322
 1. 자료조사 결과 ············································································································· 364


제4장 피해 내용 및 규모 추정 ·································································································· 377

 제1절 피해내용 종합 ················································································································ 379
 1. 가난한 사람에게 집중된 불법적 수용 ······································································· 379
 2. 수용중 만연한 가혹행위와 박탈 ·············································································· 387
 3. 아직도 밝혀지지 않은 사망사건 ·············································································· 401
 4. 남은 가족의 고통과 퇴소 후 가족해체 ····································································· 408
 5. 시설 전원인들의 삶 ···································································································· 415
 6. 지속되는 경제적 고통 ································································································· 421
 7. 지속되는 신체적·심리적 고통 ···················································································· 428
 8. 열악한 삶의 질과 관계망 ··························································································· 436
 9. 국가책임 인정에서 시작하는 후속대책 ····································································· 440

 제2절 피해규모 추정 ············································································································· 446
 1. 수용자 규모 ················································································································· 446
 2. 기준집단과의 격차를 통해 본 피해규모 ··································································· 452


제5장 피해회복 등을 위한 후속대책 ························································································ 461

 제1절 국가 차원의 후속대책 ································································································ 463
 제2절 부산시 차원의 후속대책 ···························································································· 476
 제3절 시민사회의 역할 ········································································································· 494


참고문헌 ······································································································································· 505
부 록 ············································································································································ 513
 1. 빈도분석 결과 ··················································································································· 515
 2. 형제복지원사건의 전개과정 ····························································································· 565
 3. 시민사회 연대활동 경과 ·································································································· 572
 4. 형제복지원 관련 자료 목록 ····························································································· 581
 5. 1987년 김용원 검사 수사자료 중 '감금피해자 일람표' 일부 ·································· 609
 6. 내무부훈령 410호 전문 ··································································································· 612
 7. 보건사회부 훈령 제523호 ································································································ 629
 8. 부산 형제복지원 신민당 진상조사 보고서 ····································································· 637
 9. 심층인터뷰 설명문 및 동의서, 설문지 ··········································································· 649
 10. 설문조사 설명문 및 동의서, 설문지 ············································································· 671
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