형사조정프로그램의 실효성 평가
Evaluation on the Outcome of Criminal Mediation
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참고문헌
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초록
This study purposes on the empirical evaluation on the result of the Victim-Offender Mediation (VOM) Program. The data used for the evaluation is the records of the criminal mediation cases, and the target cases were 1,140 cases, which processed criminal mediation at 57 Public Prosecutor’s Office from January 1, 2010. The major evaluation indexes are the number of criminal mediation meeting, the number of mediator participated at the meeting, the agreement success rate through criminal mediation, the reason for agreement failure, the damaged amount and compensation amount for damage, execution of the agreement, the case disposal of the prosecutor (indictment and non-indictment), and the total period of case treatment. The summarized analysis results are presented as below. First, 89.1% of among 1,140 cases were hosted criminal mediation meeting for once, the average number of mediator participated to the criminal mediation meeting was 2.6 people, and the agreement success rate through criminal mediation was shown 60.3%. The agreement success rate of financial damage-related cases was 57.7% and physical (body) damage-related cases was appeared as 72.8%. Second, in the reasons for agreement failure, the disagreement of the compensation amount of money for damage was the most as showing 34.9%, and 24.3% were disapproval of offending fact of offender and insufficient conflict resolution of offender-victim. The rate of the compensation amount compares to the damaged amount was around 80% and 68.1% of the agreement success cases were the cases which executed the agreement items for 100%. Third, 69.7% of among the agreement sucess cases through the criminal mediation received non-indictment by the prosecutor and 2.7% got indictment. In average of 20.6 days were taken to deal with the cases, which became non-indictment by the prosecutor after the agreement success, and the indictment cases by the prosecutor after the agreement failure took 125.4 days in average to deal with the cases.
Abstract
This study purposes on the empirical evaluation on the result of the Victim-Offender Mediation (VOM) Program. The data used for the evaluation is the records of the criminal mediation cases, and the target cases were 1,140 cases, which processed criminal mediation at 57 Public Prosecutor’s Office from January 1, 2010. The major evaluation indexes are the number of criminal mediation meeting, the number of mediator participated at the meeting, the agreement success rate through criminal mediation, the reason for agreement failure, the damaged amount and compensation amount for damage, execution of the agreement, the case disposal of the prosecutor (indictment and non-indictment), and the total period of case treatment. The summarized analysis results are presented as below. First, 89.1% of among 1,140 cases were hosted criminal mediation meeting for once, the average number of mediator participated to the criminal mediation meeting was 2.6 people, and the agreement success rate through criminal mediation was shown 60.3%. The agreement success rate of financial damage-related cases was 57.7% and physical (body) damage-related cases was appeared as 72.8%. Second, in the reasons for agreement failure, the disagreement of the compensation amount of money for damage was the most as showing 34.9%, and 24.3% were disapproval of offending fact of offender and insufficient conflict resolution of offender-victim. The rate of the compensation amount compares to the damaged amount was around 80% and 68.1% of the agreement success cases were the cases which executed the agreement items for 100%. Third, 69.7% of among the agreement sucess cases through the criminal mediation received non-indictment by the prosecutor and 2.7% got indictment. In average of 20.6 days were taken to deal with the cases, which became non-indictment by the prosecutor after the agreement success, and the indictment cases by the prosecutor after the agreement failure took 125.4 days in average to deal with the cases.
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