회복적 사법과 우리나라의 형사제재체계

Abstract

Restorative Justice and South Korean Criminal JusticeLee, Seung-Ho*攀* Professor, Department of Law, Koukuk University, Ph. D. in Law攀攀As is generally known, restorative justice emerged as a critique of traditional forms of justice in western world and has been one of the most significant developments in criminal justice. We have also taken no little interest in the possibility of its introduction into South Korean penal system since the beginning of 1990. This paper provides a brief overview of our discussion hitherto and makes a proposal for fostering the basic ideals of restorative justice in South Korea.The first task to be done in this paper is to define what should be the boundaries of restorative justice. Some scholars try to put a strict limitation on the concept of restorative justice, but this paper offers the broader concept including restorative interventions combined with traditional penal sanctions as well as independent practices to reflect the central values of restorative justice.This paper also reviews the debates on the concrete methods of implementing restorative justice. While some place the relative emphasis upon restorative justice process as opposed to restorative outcomes, others maintain that restorative outcomes without regard to process may be sufficient for restorative justice. But both process and outcomes are regarded as the essential components of restorative justice in this paper, so the approximately planned manual of the two is sketched out.The ways how to exempt or mitigate the traditional penal sanctions on the occasion of implementing restorative justice is another subject to be examined in this paper. Lastly, some techniques and skills to be intimate with restorative justice are advised to encourage and impede its full-scale introduction.