일본에서의 교정처우・교정교육과 피해자 관여에 관한 최근 동향 - 형 집행 단계 등에서의 피해자 심정 등 청취・전달제도의 신설을 중심으로 -

Abstract

The perspective that holding criminals accountable includes making amends or compensating victims through restorative justice remains valid. In order for true social reintegration to occur without victim restoration, it is necessary to consider the victim's perspective during the execution of sentences. From the victim's point of view, interest in the case does not disappear just because the criminal proceedings have ended. Therefore, it cannot be considered reasonable to send the message that the victim should no longer be involved in the process or to withhold information regarding testimony or treatment during the execution of sentence process. Recently, Japan has attracted attention by establishing a system that listens to the opinions of victims during the execution of sentences and reflects them in treatment. The system allows for the correctional treatment and correctional education to utilize the emotional state and opinions of the victim if they have expressed interest in participating. Additionally, the system allows the victim to convey their emotional state to the prisoner or juvenile detainee when they desire. Considering the perspective of victim restoration during correctional treatment and education is a balanced and appropriate approach, rather than taking a one-sided view. South Korea should positively consider introducing a system that actively reflects the victim's opinion during execution of sentences and treatment stages by revising the relevant Acts. This legislative decision can create a systemic foundation that will allow for the practical implementation of restorative justice in the treatment process, which has been somewhat lacking in restorative justice's ideals compared to theoretical discussions.