회복적 사법형 형사조정제도의 법제화 방안
Scheme For Legalization of “Restorative Justice-oriented” Criminal Mediation
김성돈
초록
The purpose of this paper lies in revealing why the restorative justice oriented model is more fitting for the korean criminal system, and at the same time, searching the specific plans for the successful adoption of the system. To reach this purpose, the argument was developed in order of the followings. 1. Tracing the background history and the justification of the criminal mediation model. 2. Brief look at the arguments for the criminal mediation while analysing the shortcomings and flaws existent within the current practice('mediation implemented in stage of prosecution') and reformative Victim Protection Act. 3. The rebuttals of the opposed and refutations, as well as construction of the legalizing plan. 4. Lastly, a number of misconceptions of the criminal mediation and explanations to clarify them.