회복적 사법 이념의 경찰단계 구현방안

Abstract

The restorative justice that started in the 1970s gave goal of criminal justice not to punishment but to restoration of damages at crimes. The restorative justice could solve problems of parties concerned with the crime to overcome results of the crime by dialog and discussion and to restore relations. So, it is not the problem of system but of practice. According to the precedent studies, restorative justice program was found to be effective at initial stage of criminal procedure. So, restorative justice program had better be introduced at police stage that was first stage of criminal procedure. There are many kinds of current programs for restorative justice. For instance, the Juvenile Delinquency Review Committee for juvenile criminals, and the Minor Crime Review Committee for adult criminals could be good examples. criminal conciliation committee operated by the Police Agency could be established, if necessary. Working committee composed of police officers and prosecutors could be opened to discuss cooperation between the Police Agency and the Prosecution Service. Under that situation police officers could send cases to prosecutors prior to police investigation to submit the cases to the Criminal Conciliation Committee operated by the Prosecution Service, and the cases solved by the Criminal Conciliation Committee could be terminalized without police booking. The on–the–spot and practical approaches mentioned above could make a prior stage for construction of legal system of restorative justice. This study tried to investigate current state of restorative justice programs used in practice of the police, inspect validity of construction of legal system of restorative justice system and suggest implementation plan for restorative justice programs at police stage.