비공식적 형사합의에 대한 경험적 고찰 -효과, 문제점 및 제도화 방향를 중심으로-

Abstract

This study seeks for the possibility of introducing the informal criminal agreement to institutionalize on the criminal matter-related works for the hands-on staff of criminal matters. Through this research, the author could find the followings with regard to the effects and problems of criminal agreement, and the direction of institutionalization. First, the criminal agreement has been evaluated to be the more effective system than any other systems that can contribute to the damage recovery of victims, rapid progress of criminal processes, and the eventual resolving of cases. Second, with regard to the problems that may appear during the criminal agreement, while they were not the level of significant concern in general, there were relatively a lot of opinions on the possibility of conciliation, threat, or coerce during the criminal agreement process. Third, when it comes to the expansion of criminal mediation of system, which is the most practical system among ways to institutionalize criminal agreement, most people were answered positively. Fourth, as it relates to the direction to pursue when institutionalizing criminal agreement, a vast majority of people answered positively on 'monetary compensation, 'recovery of relationship', 'psychological stability of victims', and 'sincere regret and apology by assailants'. In this way, the need to institutionalize criminal agreement, which has been recognized thus far as a practice, by incorporating it within the frame of legal system so that it could be a system that has a legal foundation.