형사사법과 회복적 사법

Abstract

"Restorative Justice" is the main phrase used worldwide to describe alternative ways of responding to crime. The term "Restorative Justice" is commonly applied to a wide variety of practices that seek to respond to crime in a more constructive way than conventional criminal justice system. This paper explores not only the definition, goal and main philosophy of restorative justice, but also the historical background and the development of restorative justice. Restorative Justice processes, in their purest form, involve victims and their offenders in face-to-face meetings and it is these participants who determine how best deal with the offence. Three practices currently fully these requirements: mediation, conferencing and circles. Although there are paradoxes and problems of restorative practices, are also to be find promises of these new paradigm. Therefore, I argue in this paper that there exist possible ways out of the current dilemmas and problems and that the time is ripe for steps to be taken towards restorative justice also in korean criminal justice system.