회복적 사법의 이해와 경찰단계에서의 법제화 방안

Abstract

Restorative justice is emerging as a complementary method about Restitutive justice in order to deal with the damage or needs of victims required in the criminal justice system of the modern society, and to solve the issues of compensation and restoration of community relations for the perpetrators' responsibility. While traditional criminal justice aims to realize social justice by punishing criminals, the purpose of restorative justice is to restore harm and damaged relationships through the voluntary participation of the interested parties, including victims, perpetrators, and community members. It was practiced mainly in North America in 1980s and spread all over the world. Recently, in Korea, it is widely used in schools and criminal justice. The criminal mediation system trial operated by the prosecution in 2006 laid the legal basis by amending the Crime Victims Protection Act in 2010. With the amendment of the Juvenile Act in 2007, the court's recommendation for reconciliation were introduced in juvenile protection cases. This can be said to be the beginning of the legal provision of restorative justice. At the police stage, restorative justice activities such as guiding conditional police caution are being carried out, but the legislation has not been enacted so far. Therefore, this study derived from problems such as the operational limitations due to the lack of legal basis at the police stage, the limitations of restorative justice rationalty at the prosecution and court stage, the limitations of system operation and the utilization of experts by understanding the ideology and practice plan of restorative justice, and analyzing the restorative justice system being operated in each stage of the criminal justice. Meanwhile, this study was presented the expansion of restorative justice such as police caution, summary jurisdiction and criminal mediation, and the introduction of reconciliation recommendation through the legislation of the police stage, and strengthening the role of local police in public service, fostering conflict management experts for direct intervention in restorative justice activities, and strengthening cooperation and mutual aid system with the local community as policy alternatives.