형사조정제도에 관한 문제점과 개선방안

Abstract

Criminal case mediation is a kind of process that settles a case between an assailants and criminal victims through the third party’s mediation after mapping out a specific plan to compensate the victims for their damage. Unlike the traditional way to focus only on investigation or punishment-oriented, this would be a system to realize the criminal justice based on the victim restitution by allowing the assailants and victims to actively participate in the criminal justice procedures in order to let them express their opinions and have an improvement of the relationship between them as a top priority. However, there are some of the restrictions that prevent them from actively and volunteerly participating in the case because the criminal case mediation keeps away from the purpose for introducing it and it is not publicized to the public well in regard to finding a change as a criminal justice based on the victim restitution and settling the negative effects of the frequent lawsuits. Additionally, the lack of a standardized agreement causes the issue of equity and uniformity in the agreement for criminal mediation and the lack of qualification and education programs for the criminal coordination committee is considered as another problem. The legal binding force for the criminal mediation is not regarded from the court even though the system itself has strict legal requirements as like the civil case mediation. In addition, it has faced the legislative and systemic limitations in terms of speeding up the settlements and restoring victims’ damage. This study is aimed to present better and improved measures for the efficient operation of the system through reviewing the problems currently issued from the field, after considering the overall development process of the system and the current operational procedures in all their bearings.