형사조정프로그램에 대한 조정위원의 평가 - 조정위원 설문조사 결과를 중심으로 -
Evaluation on Criminal Mediation by Mediators
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This paper is to seek and propose improvements of the criminal mediation program through the evaluation of the criminal mediation conducted by the mediator. We conducted a survey targeting 656 mediators as our research method , and the results of this survey is as follows. Firstly, the evaluation score of criminal mediation program averaged 6.94 out of 9. The average continues to drop from 7.18 in 2008, 6.92 in 2009 and 6.70 in 2010. Secondly, looking at the criminal mediation meeting with a phase-by-phase approach,the result of the evaluation on the preparation of meeting showed that the introduction of the criminal mediation program the description given to offenders and victims are insufficient. For the evaluation on the progress, the result showed that the time of the mediation meeting was not enough, and the evaluation on the result of the criminal mediation showed that apology and self-reflection of offenders were insufficient. Thirdly, the evaluation showed that most of mediators prefer the reconciliation model to the problem-solving model. The preference for the reconciliation model has continued to increase from 2008 to 2010. The mediator especially attached great importance to the conflict resolution and the restoration of relationship between the offender and the victim, and the settlement that reflects and values the opinion of the offeder and the victim at the mediation meeting. Finally, factors affecting the evaluation on the criminal mediation were “the amount of the case-related-data provided,” “allocation of time for the mediation meeting,” “the degree of the victim’s recovery from damage,” “the conflict resolution and the restoration of relationship between offender and victim”.
Abstract
This paper is to seek and propose improvements of the criminal mediation program through the evaluation of the criminal mediation conducted by the mediator. We conducted a survey targeting 656 mediators as our research method , and the results of this survey is as follows. Firstly, the evaluation score of criminal mediation program averaged 6.94 out of 9. The average continues to drop from 7.18 in 2008, 6.92 in 2009 and 6.70 in 2010. Secondly, looking at the criminal mediation meeting with a phase-by-phase approach,the result of the evaluation on the preparation of meeting showed that the introduction of the criminal mediation program the description given to offenders and victims are insufficient. For the evaluation on the progress, the result showed that the time of the mediation meeting was not enough, and the evaluation on the result of the criminal mediation showed that apology and self-reflection of offenders were insufficient. Thirdly, the evaluation showed that most of mediators prefer the reconciliation model to the problem-solving model. The preference for the reconciliation model has continued to increase from 2008 to 2010. The mediator especially attached great importance to the conflict resolution and the restoration of relationship between the offender and the victim, and the settlement that reflects and values the opinion of the offeder and the victim at the mediation meeting. Finally, factors affecting the evaluation on the criminal mediation were “the amount of the case-related-data provided,” “allocation of time for the mediation meeting,” “the degree of the victim’s recovery from damage,” “the conflict resolution and the restoration of relationship between offender and victim”.
참고문헌 (25)
- 김지선, "회복적 사법 프로그램의 효과에 대한 평가연구 결과와 쟁점들", 피해자학연구, 14(2), pp.5~38 (2006), 한국피해자학회
- 송길룡, "형사조정제도 개관 및 시행 매뉴얼" (2007), 법무부
- 이동원, "형사조정프로그램과 조정위원의 역할", 형사정책연구, 20(1), pp.1019~1044 (2009), 한국형사정책연구원
- 이동원, "형사조정프로그램의 이상적인 모델구성과 적용방안", 한국공안행정학회보, 19(1), pp.139~169 (2010), 한국공안행정학회
- 이동원, "형사조정 과정에 대한 참여자의 평가", 한국경찰학회보, 13(1), pp.111~136 (2011), 한국경찰학회
- 이동원, "형사조정위원의 역할에 관한 고찰", 경찰학논총, 6(1), pp.401~428 (2011), 경찰학연구소
- 이동원, "형사조정프로그램의 시행모델 구축" (2009), 한국형사정책연구원
- 새로운 범죄대응전략으로서 화해조정체계구축(I): 형사조정프로그램에 대한 실증적 평가 분석, "이동원", 한국형사정책연구원, ~ (2008)
- 형사조정의 실효성 연구, "조균석", 대검찰청, ~ (2012)
- 새로운 범죄대응전략으로서 화해조정체계구축(I): 형사화해조정제도 도입을 위한 기초연구, "탁희성", 한국형사정책연구원, ~ (2008)
- 새로운 범죄대응전략으로서 화해조정체계구축(Ⅱ): 형사화해조정체계의 구축을 위한 법적·제도적 정비방안, "탁희성", 한국형사정책연구원, ~ (2009)
- 황지태, "회복적 소년사법 조정실무가 실행지침" (2006), 한국형사정책연구원
- Bush, R.A, "The Promise of Mediation: Responding to Conflict Through Empowerment and Recognition" (1994), Jossey-Bass
- Center of Restorative Justice & Peacemaking, "Guidelines for Victims-Sensitive Victim-Offender Mediation: Restorative Justice through Dialogue", ~ (2009)
- Coates, R.B, "Victim Meets Offender: An Evaluation of Victim Offender Reconciliation Program" (1985), PACT Institute of Justice
- The Effectiveness of Restorative Practices: A Meta-Analysis. Research and Statistics Division Methodological Series, "Latimer", Department of Justice, ~ (2001)
- Luke, "Reducing Juvenile Crime: Conferencing vs. Court", Crime and Justice Bulletin, 69 (2002), NWS Bureau of Crime Statistics and Research
- Maxwell, "Family, Victim and Culture: Youth Justice in New Zealand" (1993), Social Policy Agency and Institure of Criminology, Victoria Univ. of Wellington
- McCold, "Restorative Policing Experiment: The Bethlehem Pennsylvania Police Family Group Conferencing Project" (1998), U.S. Dept. of Justice, National Institute of Justice, U.S. Govt. Printing Office
- McCold, "A Survey of Assessment Research on Mediation and Conferencing, In Repositioning Restorative Justice", pp.67~135 (2003)
- McCorkle, S, "Mediation Theory and Practice" (2005), Pearson Eduation, Inc
- McGarrel, "Returning Justice to the Community: The Indianapolis Juvenile Restorative Justice Experimnet" (2000), Hudson Institute
- Price, M, "Comparing Victim-Offender Mediation Program Models", VOMA Quarterly, 6(1) (1995)
- Umbreit, M.S, "Victim Offender Mediation: Conflict Resolution and Restitution" (1985), National Institute of Correction
- Umbreit, "The Impact of Restorative Justice Conferencing: A Review of 63 Empirical Studies in 5 Countries" (2002), Center of Restorative Justice and Peacemaking, Univ. of Minnesota