드라마 <소년심판>에 나타난 치료적 사법의 가능성에 대한 연구

Abstract

In the South Korean society, public opinions for abolishing and revising the juvenile law are recently gaining momentum such as lowering the age of law－ breaching minors and reinforcing punishments for juvenile offenders. In this situation, the legal circles are proposing therapeutic jurisprudence as an alternative. Therapeutic jurisprudence is a concept that considers juvenile offenses as social diseases and aims to reduce the juvenile reality and legal procedures that lead to anti－therapeutic outcomes. This paper set out to examine a need and practical plan for therapeutic jurisprudence in Juvenile Justice. Chapter 2 discussed thoroughly why there was a need for therapeutic jurisprudence by looking into the environments of juvenile offenders and their victims in Juvenile Justice. Such juveniles have a common element that they are neglected by their parents, schools, and society. As they share such a similar environment, they tend to form a group and increase the possibilities of committing a crime. Crimes can be prevented in advance by efforts to improve the environment of juveniles based on affection and interest. Such juvenile offenders destroy the lives of their victims instantly, and the misery of the victims is multiplied by the judicial system that is not considerate of their situations. There should be therapeutic jurisprudence as a preemptive and follow－up measure to guarantee victims' rights and help them restore their lives. Chapter 3 examined the specific aspects of therapeutic jurisprudence depicted in Juvenile Justice. In this drama, therapeutic jurisprudence is manifested in proper punishments for juvenile offenders, education for their families, and the guarantee of victims' rights and follow－up measures for them. Here, judges are requested to have a sense of duty as they internalize the ideas of the juvenile law including protection and reformation. Such therapeutic jurisprudence can function properly after there is a broad institutional supplementation from the front－line investigation stage through the actual examination procedure to the agencies in charge of education after a judgment. The treatment of juvenile offenses as a disease and the restoration of a society's health to which therapeutic jurisprudence is oriented will be possible through such humanitarian perspectives and system improvements. Juvenile offenses are issues related to all the members of the society. As the public opinion of otherizing and hating juvenile offenders is spreading,Juvenile Justice, which shows the possibilities of therapeutic jurisprudence, will hopefully promote the cultivation of maturer citizenship.