형사상 조정제도의 목적에 따른 분류와 그 절차적 함의 -미국의 논의를 중심으로-
The Classification of Criminal Mediations for its Main Purpose - Based on American Systems -
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Abstract
The criminal mediations that operate in the victim support centers in Korea are not restorative justice-type system. Nonetheless, still, they are meaningful in that they lessened the burden of prosecutors and courts and also resolved cases efficiently. At this moment, we should escape from the monolithic operation of criminal mediations but ought to diversify them. The criminal mediation should not be resolved by imposing cost or burden on a particular person who looses the case but consider the individual characteristics more sensitively. Most of all, why the system of criminal mediation should be introduced or utilized should be questioned. Also, the real effect of the system ought to be examined. We should focus not only on the reformation of the current system of criminal mediation but also on the system of criminal mediation that changes and shifts to support and assist the formal criminal justice system. To be successful, the criminal mediation should not have a single idealistic purpose. What is more cautiously deter is to simplify the criminal mediation too much. In this paper, based on the abstract and general purpose, four kinds of mediation was classified and analyzed for the implication of each system. They are named as problem-solving, case-managing, transforamtive and humanistic mediation. Later, we should make more diverse classification of criminal mediations and examine the effects of each one, to provide various possibilities. Criminal mediation can be classified not merely based on the purpose but also types of crimes, types of participants, types of operations, types of funding. This kind of job can find its meaning in the more affluent and sensitive development of criminal mediation. The criminal mediation that fits for the real concrete context can be suggest through this kind of theoretical analyses.
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