우리나라 형사사법 모델의 전개와 전망 - 다양한 형사사법 모델의 통합적 운용을 제안하며-

Abstract

This paper reviews the various models of criminal justice that have been implemented in South Korea. Crime control model is at the forefront of strong criminal justice, whereas due process model represents the soft criminal justice. The one started at the end of the 1940's through the enactment of National Security Law, while the other came forward at the time when the doctrine of due process was introduced into the provision of the Constitution revised at 1987. These two models have led the system of criminal justice, performing a function of the two pillars. On the side stage of criminal justice, other minor models have operated with their own targets. Juvenile jurisprudence and therapeutic jurisprudence are chief among them. At the beginning of the twenty-first century, a kind of social movement for victim protection occurred so as to make a new model called as victim's perspective. The more innovative models are also found on the current stage of criminal justice. Those are community justice and restorative justice which are recently introduced to the specific sphere of conflict resolution system. The point of this paper is that we need to integrate those various models into a criminal justice complex, not insisting on the monopoly of one model. To do so, this paper makes a project proposal of the combined criminal justice model. It may be summarized as follows: ① Crime control model and the victim's perspective are suitable for the types of organized crime and heinous crime. ② Due process model is required to deal with the types of political crime and illegal strike action. ③ Juvenile jurisprudence and therapeutic jurisprudence have their own objects such as juvenile delinquency and drug offences. ④ Community justice and restorative justice are recommended for resolving a conflict brought about by minor offences and negligence criminal.