보호관찰에서 회복적 사법의 실현방안

Abstract

In 2005, the Protection Law for Crime Victims was passed. A paradigm shift to putting more focus on protection of victims followed. Restorative justice is the most common phrase used worldwide to describe alternative ways of responding to crime. This study explores the introduction of restorative justice into korean penal system, and the relationship between restorative justice and probation. The first task of this study is to define the boundaries of probation and restorative justice. The next task is defining the concept of probation and the policy of restorative justice in the practices of probation. Victim Offender Mediation & Dialogue(VOMD, Criminal Reconciliation) is a policy that aims to solve criminal problems through the reconciliation of offender and victim through compensation and apology. Restitution and reconciliation are practical principles for realizing the ideology of restorative justice. Restorative justice is seen as a judicial model that may overcome the limitation of (traditional) criminal justice system and has immensely influenced the judicial practice of various countries. This study will analyze the legislation of probation and restorative justice and find whether VOMD can be suitable for korean criminal justice. As it is likely that restorative judicial practice will be also introduced to Korea, there is a need to find its concrete system. Currently, there is only unofficial criminal consent, thus VOMD should be legislated in Criminal Law and Criminal Procedure Act to protect the victims' rights. Restorative justice is currently practiced partially in Korea. The examples of the Restorative Justice are as follows: encountering programs between offenders and victims to prevent school violence, programs inviting victims of traffic accidents to the offenders-training spot, and conference between victims and offenders of sexual violence. The purpose of restorative justice are crime control and offender-rehabilitation. This may be achieved by restoring the relationship among victims, offenders and local community.