한국의 회복적 사법

Abstract

Several support system for the victims of a criminal act was established after the enactment of victims’ rights of crimes in the Constitution, namely victim’s right to testify in criminal procedures, and victim’s right to a remedy. First, the amendment of “Special Law on Litigation” has provided the compensation order system which enables the victim of a crime to receive compensation without filing a lawsuit. However, currently the system is not yet sufficient in providing substantial amount of help to the victim. Meanwhile, as means to supplement the effectiveness of the compensation agreement of individuals that was only regarded as a civil form of a contract, system of compromise in criminal trials has been made in order to carry out the duties arising from the compensation agreement. Also, order of reconciliation and compensation system for cases of adolescent protection has been founded as well. Such array of systems is yet insufficient compared to other nations which have already developed form of restorative justice. However, it is at a rapid speed of progress considering the short period of time the term Restorative Justice has been introduced in Korea.