소년사법에 있어서 국선보조인의 역할과 활동에 관한 경험적 고찰 - 진단의견서 분석을 중심으로 -

Abstract

This study purposes to research the roles and activities of the court-appointed assistants in juvenile justice. The materials used for this study are 325 diagnosis reports from the court-appointed assistant of Gwangju Family Court. The summary of the facts found by the statistical analysis is as follows. First of all, the rate of agreement between the disposition recommendation of the court-appointed assistant and the disposition decision of juvenile judge was shown quite high as 71 ~ 80%. From the disagreed cases of disposition decision of juvenile judge and disposition recommendation of the court-appointed assistant, the rate that the court-appointed assistant proposing lighter disposition compared to the judge was 11 ~ 18%, and 9 ~ 11% for the heavier disposition rate. Second, the factor that has strong influence to the disposition recommendation of court-appointed assistant appears to be the possibility of the repetition of offence. The high influential factor to the possibility of the repetition of offence was parental ability and will to protect youth, and the delinquency related career of youth. Third, the court-appointed assistant has the double role as an attorney of the youth and a cooperator of the court. However, actually, the court-appointed assistant appears to concentrate more on to cooperator of the court than an attorney of a youth. Moreover, the opinion proposal for the individual treatment or future plan for the youth seems insufficient in the role of a cooperator of the court.