현행 범죄피해자보호법상 형사조정제도의 검토

Abstract

Movements to secure the position of the victim and win the victim over in the police jurisdiction system has existed for a long time, thus giving more strength to pursue changes in the dogmatic concept understanding of the original criminal law. For example, a theoretical basis that gives interindividual mediation priority to the criminal process regarding public interests and order is necessary when the judge commutes or give punishment exemption considering the efforts to restitute or compensate. Restorative justice should be introduced in Korea as well to realize justice and develop confidence of the criminal jurisdiction from the civil society by reducing the work burden of the machinery of law and equally protect the rights of both victim and the offender. Especially with the extensive amendment of the crime victim protection law in May, 2010, the contents of the criminal mediation was defined on Chapter 6 meeting the demands of establishing ground laws to the criminal mediation system. It seems that the criminal mediation recently enacted is settling down for its usefulness and increasingly used in real work It would be significant to examine the meaning, usability and status of criminal mediation system, a specific model of restorative justice, in order to look into the position and meaning of victim placed in the criminal jurisdiction paradigm focused on traditional responsibility retribution. The system is different from a system that gives dispensational benefits only to the offender or victim who only has completed its effort to protect crime victim from the very start: as for the victim, it compensates, relieves revengeful thoughts and give satisfaction by providing chance to participate in social decision making. Also in makes the offender compensate and understand and accept his/her responsibility for his/her prior actions, helping resocialization and additionally give chances of extenuation. Also considering such effects and understanding it as a criminal jurisdiction program, it should be placed in Criminal Procedure Code, which regulated the criminal jurisdiction procedures. Starting from such thoughts, I have outlined the meaning, usability and criminal mediation system in Korea. I sought to consider the opinions and ways to improve capabilities of the system based on the advantages of its short history of implementation.