한국 보호관찰에서의 회복적 사법의 적용실태와 전망

Abstract

Recently, probation about the criminals is revitalized thanks to the introduction of MOPIS and Tracking Devices. Restorative Justice focused on victims, however, is not so popular yet. Restorative Justice is originated from Maori’s traditional justice. These days, three models are going into effect, which are Victim-Offender Reconciliation, Family Group Conferencing and Sentencing Circles. Besides, forms of Restitution, Community service and Reparation having been used. Restorative Justice is partially practiced in Korea. The examples of the Restorative Justice are as follows: Encountering program between offenders and victims to prevent school violence, Inviting victims of traffic accidents to the offenders-training spot, Conference between victims and offenders of domestic violenceㆍsex traffickersㆍsexual violence who are ordered to attend a lecture, Investigation before the judgment and decision, Community service order and etc. Lately, the provisions related with Restorative Justice are reinforced, thanks to the amendment of Juvenile Act and Protection and Surveillance, etc. Act. The purpose of Restorative Justice is as follows: Crime control and Offender-rehabilitation. We have to attain this purpose by restoring the relationship among victims, offenders and local community.