소년법상 화해권고제도 규정의 문제점과 개선방안

Abstract

In order to deduce the restorative justice that has to be introduced to the juvenile justice, this study compared existing retributive criminal justice together with the juvenile justice and restorative justice that are rehabilitative criminal justices first. If the retributive criminal justice can be said as focusing on crimes, rehabilitative juvenile justice centers on the offender. So, the boy shows angers on the punishment that is responses on criminal justice’s crimes, and displays responses as a dependent human on rehabilitative treatments of the juvenile justice. In contrast, the restorative justice aims at restoring damages while focusing on personal relationships centering on victims. Thus, the boy shows responses called acquisition of responsibility in the restorative justice. As the restorative justice has contexts of democracy while the juvenile justice keeps social contexts like welfarism, and thus it rather charges responsibilities to the boy. Key principles of the restorative justice in juvenile laws could be said as ‘restorations of damages, responsibility’s acquisition of the offender,participations and supports of the community.’ Restorative justice programs have to be managed based on spontaneity of offender and victims, and also restorative sanctions of existing juvenile judiciary proceedings have to be applied in case both parties do not reject submission to the program or mutual consents are not made. And introduction of the restorative justice that lays the center of gravity to the offender, victim, and community proportionally is suitable. The study analyzed restorative justice programs such as victim-offender mediation,reparative boards, sentencing circle on weighing of offenses, family group conference. Among them, the conference system was corresponded to a fully restorative model that can realize the restorative juvenile justice to the maximum. In operating processes of the restorative justice program, the restorative justice become realized through a lot of stages. Even though mutual agreement is made by conferencing outcomes, the restorative justice is not actualized at once. The restorative justice becomes realized only when arranging immediate outcomes that can be displayed just after conferencing and intermediate results having been appeared after the outcomes, and then existing of connected processes such like immediate outcomes to intermediate ones, and intermediate outcomes to the restorative justice in the long term. Various institution’s improvements and supplements are required so that the restorative justice can be settled down in the juvenile justice. Also,the restorative justice supposes applications to actuality naturally because it is extracted from practices, not utopian ideals. Therefore, its realization is depended on the operator thoroughly. The juvenile justice shall take interests in controlling, managing, and assisting the restorative justice programs so as to become fit to its jurisprudence.