보안처분 관련 특별법의 체계정합성 확보 방안

Abstract

Violence incidents against students at/outside the school by students and the resulting suicide of victims have become social problems, and as a result, a judicial activism and retribution perspective was introduced as a school violence policy that would strictly punish even minor violence under criminal law based on 'zero tolerance'. However, it is necessary to reconsider whether it is appropriate to solve school violence with the same criminal justice ideology as general crimes. Based on these ideas, this paper does not consider the School Violence Prevention Act as a special law of the Punishment Act or the Juvenile Act, but rather attempts to describe it from the perspective of the Adjustment Act or the Tranformative Justice. It also aims to redefine the perspective of victims and perpetrators of school violence. In this paper analyzed the definitions of the current School Violence Prevention Act from a critical perspective, and attempt to classify the concept of school violence into three risk groups. And as a countermeasure, examined the community-centered resolution from the perspective of transitional justice. First of all, school violence was classified into low, medium, and high risk. Criminal punishment is taken through direct intervention by the state for high-risk groups, but after the punishment was completed, the high-risk group also needed a community approach for return to school and resocialization. On the other hand, for the medium-risk group, it was judged that direct intervention by the community and community based on material and human support was desirable as an indirect intervention by the state. While state intervention for immature students may have a greater negative effect of stigma, treatment through direct community intervention is considered important. In addition, for low-risk groups, legal binding power and empowerment for direct resolution at the school site should be given priority. Furthermore, due to the peculiarity of school violence, the division of the roles of the perpetrator and the victim must be terminated, and all social resources must be devoted to nurturing all students, including potential victims, into healthy community members. School violence is not a personal problem, but is the result of a sum of complex and diverse causes such as home, school, social and economic factors. If this is to be solved simply by accusation and legal sanctions against the perpetrator, it must be taken into account that the perpetrator is branded as a social harm and a offender.