소년사법에서 회복적 사법의 운영모델 - 경찰과 검찰단계를 중심으로 -

Abstract

Restorative Justice is more meaningful to juvenile offenders rather than adult offenders, because it is effectively applicable to the juveniles who have more possibilities for improvement. Restorative Justice in the court stage has been partially introduced in Korea. However, considering that juvenile offenders commit a crime at a tender age and there is a growing second conviction rate for them, overall improvement is required. Especially, the introduction expansion of Restorative Justice Model in the police stage and prosecution stage is needed. These days, policies related with Restorative Justice have been operated as a trial in the police stage: Specialist Participation, Release with Supervision during the School Violation Amnesty, and Diversion such as Victim-Offender Encounter. To maximize the effect of the Restorative Justice System, it is necessary to arrange the base of judicial system. In the prosecutor stage, Restorative Justice can be applied before sending the offenders to juvenile court and as a termination condition to the cases that are non-indictment or suspension of indictment. As a preliminary data, Prosecutor’s Pre-determination Investigation performs a role to decide whether the system is applicable or not. Suspension of Prosecution with Supervision is related with the Restorative Justice Procedure. Like the police stage, it is also necessary to prepare the regulations and to switch the parties’ cognitions for activating the Restorative Justice Practice in the prosecutor stage.