가정폭력에 대한 회복적 사법의 접근

Abstract

The universal perception of domestic violence was that the instead of intervention of law, the family members should solve it among themselves. However, the idea that the police should respond to domestic violence passively has changed so that the police should respond active for the protection of the victims. Because of the facts that domestic violence is more continuous, repetitive, and concealing than other types of violence and children exposed to domestic violence inherit the violent tendency, domestic violence not only requires countermeasures on the violence itself, but also, cares for the victims along with the domestic violence offender. Together with such social perception changes, there are studies actively being conducted to establish countermeasures in the academic world as well. On the other hand, reinforcing criminal penalty on domestic violence may lead to breakup of family. These problems also bring concerns of encouraging the victim to conceal the crime in order to continue the marriage, in the danger of continued violence. Consequently, the victim continues to live with the offender; this leads to the continued exposure of danger, and may end up in a dilemma of threatening the victim’s safety. In order to prevent breakups of families and resolve conflicts between offenders and victims from the limitations of criminal justice, the restorative justice should be carefully applied to domestic violence. This study points out the limited problems of criminal justice while perceiving domestic violence as social issues, not domestic issues anymore, and seeks a plan to prevent family breakups and eradicate domestic violence by utilizing the advantages of restoration and healing of restorative justice as an alternative plan.