회복적 사법을 위한 형사조정제도 개선 방향 연구

Abstract

This paper reviewed civil and criminal cases related to criminal mediation and considered whether there were any implications for the improvement of the criminal mediation system. Until now, specialization and education of criminal mediation committee members have been frequently discussed as a way to actualize criminal mediation for the realization of restorative justice, but a more important measure is, after all, system improvement in relation to the progress of criminal mediation. In order to improve the system, it seems that securing an independent budget and organizing an independent organization should be premised first. In the short term, it is necessary to appoint a professional criminal mediation committee member who can handle the case requiring more than two procedures of criminal mediation or complex cases and form a permanent criminal mediation committee led by them. It is also worth considering establishing a criminal mediation center and enacting a special law on criminal mediation I hope that our criminal mediation system will develop and expand in the direction of making use of its fundamental purpose and become a conflictsolving system that complements the problems of our criminal justice system.