회복적 사법의 형사조정에 관한 고찰

Abstract

In the late 20th century, intensive policies of the punitive criminal justice system were lack of ability to deal with the crimes which were inundated qualitatively. Some scholars are criticizing the current criminal justice system for the absence of proper care for the criminal victims, which leads to the consideration of the introduction of the restorative justice as an alternative to the traditional criminal justice system. In recent years Korea Prosecution has attracted a great deal of attention for Criminal Mediation Program based on the restorative justice, which provides a new paradigm in criminal justice system. The Crime Victim Protection Law in Korea provides the contents of the criminal mediation in order to meet the demands of establishing ground laws to the criminal mediation system. it seems that the criminal mediation recently enacted is settling down for its usefulness and increasingly used in real work. The criminal mediation is a informal process whereby the victim and the offender of the crime meet with a trained and effective resolution with an emphasis on repairing the harm from the Crime. In the process of restorative justice, it is possible to restore the relationships among victims, offenders and community. In addition, it can minimize the side effect of traditional punishment, such as branding and desocialization of offenders. The criminal mediation will be a good solution which is superior to criminal justice. Restorative justice is a response to crime, suggested as a complement or alternative to the conventional criminal justice. Restorative justice can be at all stages of criminal procedure from before the accusation to correction. But restorative justice, on the basis of voluntary participation, cannot replace conventional criminal justice. And restorative justice functions well when criminal justice is operated fairly. The Subject of the current criminal mediation is limited to the minor crimes. Also because a victim closely related to the prosecutor's office, there is a question of neutrality. Moreover, it often happens that a mediator does not get sufficient information of cases. In addition, the issue of restoration of relationship of parties is no dealt with so well because mediation has worked so excessively to achieve agreement of parties. However the restrictive role of the traditional justice is to be preserved. Also ‘the Criminalization of Civil Cases’ must be sublated. Restorative justice should be introduced in Korea as well to realize justice and develop confidence of the criminal jurisdiction from the civil society by reducing the work burden of the machinery of law and equally protect the rights of both victim and the offender