가정폭력행위자 대상 상담조건부 기소유예처분의 문제점 및 개선방안

Abstract

The current indictment suspension system does not function independently/separately, and it is being administered through mutual effect on other relatedsystems being defined in Special Act on Domestic Violence. As for theverification of the effectiveness and usefulness of the indictment suspensionsystem, it is necessary to organically and systematically review its form andfunction by considering the overall criminal and civil response system instead ofself and individual level review of the same system. Considering the specialnature and dangerousness of domestic violence crime, an area of more diverseand expanded intervention is required, and there is an urgent need fordiscussions on whether the necessity and usefulness of indictment suspensionsystem can be recognized as one of various response strategies against domesticviolence and if recognized, what would be ways to alleviate the issues of currentsystem. Although indirect intervention through indictment suspension system will notbe able to suppress every domestic violence, it should also avoid the completeexclusion of a possibility that a counselling program combined with judicialsupervision, instead of a strategy to simply detain particular inflictors selectedthrough strict procedures, can be an useful and appropriate alternative tosolving the issue of domestic violence. Accordingly, it can be said that the taskof preparing the foundation for administering more advanced indictmentsuspension system is becoming an urgent task more so than ever through aprocess of close review of an approach to supplement the issues that have beencritically raised in various circles rather than abolishing the indictmentsuspension system under current law. Accordingly, the main purpose of thispaper is to analyze various issues that have been continuously raised since theimplementation of indictment suspension system and present an improvementplan to enhance the effectiveness of the system.