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회복적 교정을 통한 피해자와 가해자의 관계개선에 관한 연구- 만남 프로그램(Victim-Offender Conferencing)의 제안 -

A Study on Relationship of Victim and Offender through Restorative Justice in Prison

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In our correction’s system, the main purpose is that prisoners(offenders) make well to go back to their society. If the correctional institutions work for isolation from society, this can not only conflict with ideas of correction, but also hard to achieve true improvement for prisoners. Our correctional institutions have tried to apply rehabilitation to the society, resocialization, reintegration to programs since 10 years, but these programs are focused mostly employment training, offering employment, improvement for relationship with their family. If we want to make prisoner truly go back to society, we should try to make prisoners take a responsibility and regret their offense. For these essential functions of correction, applying idea of Restorative Justice-“Improvement of relationship”-will be the best way to take responsibility from their offense by themselves. By the victim tries to restore his/her harm, we can achieve true correction’s ideas. Thus, I want to suggest Victim-Offender Conferencing Program for improvement of relationship in correctional process. I believe this can give an opportunity to restore their offense and set up the correctional circumstance for restoration.

Abstract

In our correction’s system, the main purpose is that prisoners(offenders) make well to go back to their society. If the correctional institutions work for isolation from society, this can not only conflict with ideas of correction, but also hard to achieve true improvement for prisoners. Our correctional institutions have tried to apply rehabilitation to the society, resocialization, reintegration to programs since 10 years, but these programs are focused mostly employment training, offering employment, improvement for relationship with their family. If we want to make prisoner truly go back to society, we should try to make prisoners take a responsibility and regret their offense. For these essential functions of correction, applying idea of Restorative Justice-“Improvement of relationship”-will be the best way to take responsibility from their offense by themselves. By the victim tries to restore his/her harm, we can achieve true correction’s ideas. Thus, I want to suggest Victim-Offender Conferencing Program for improvement of relationship in correctional process. I believe this can give an opportunity to restore their offense and set up the correctional circumstance for restoration.

참고문헌 (19)

  1. 교정단계에서 회복적 사법의 가능성, "김용세", 한국형사정책연구원, ~ (2006)
  2. 신용해, "교정에 있어 회복적 사법의 적용 실태와 발전 방향", 법학논집, 14(2), pp.139~153 (2009), 법학연구소
  3. 이태희, "교정단계에서의 회복적 사법의 새로운 시도 - ‘희망등대 프로젝트’ 실천과정을 중심으로 -", 矯正硏究, 47, pp.59~85 (2010), 한국교정학회
  4. 장규원, "피해자학 강의" (2011), 살림출판사
  5. 장규원, "회복적 교정 프로그램의 활용 가능성에 관한 고찰", 矯正硏究, (57), pp.7~33 (2013), 한국교정학회
  6. Andrew Coyle, "Restorative Justice in the prison setting", the conference of the International Prison Chaplains Association (Europe) (2001)
  7. Restorative Principles in the Prison Setting. A Vision for the Furture, "Anne Mace", ~ (2000)
  8. Barb Toews, "The little book of Restorative Justice for People in Prison" (2006), Gook Books
  9. Restorative Justice in Canada: What victims should know, "Canadian Resource Centre for Victims of Crime", ~ (2011)
  10. An Evaluation Framework, "Correctional Service of Canada", ~ (2002)
  11. International Perspectives on Restorative Corrections: A Review of the Literature, "Correctional Service of Canada", ~ (2013)
  12. Gordon Bazemore, "Restorative Community Justice" (2001), Anderson Publishing
  13. Restorative Justice Programs in Australia: A Report to the Criminology Research Council, "Heather Strang", Research School of Social Sciences, Australian National University, ~ (2001)
  14. Howard Zehr, "The little book of Restorative Justice" (2002), Good Books
  15. Jim Consedine, "Restorative Justice: Healing the Effects of Crime" (1995), Ploughshares Publication
  16. Joanna Shapland, "Restorative Justice and Prisons", Presentation to the Commission on English Prisons (2008)
  17. Kathleen Daly, "Restorative justice: the real story", Punishment and Society, 4 (2002)
  18. Mark Umbreit, "Victim Meets Offender: the Impact of Restorative Justice and Mediation" (1994), Criminal Justice Press
  19. Robert Mnookin, "Bargaining in the shadow of the law: the case of divoce", Yale Law Journal, 88 (1979)

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