소년심판절차에서 피해자 참여 강화 방안 - 소년법 목적 조항과 피해자 권리의 균형적 모색 -

Abstract

The Korean juvenile justice system has traditionally operated under a protective ideology, with the “Sound Growth” of juveniles as its central value. While this principle has served as a foundation for rehabilitation and the prevention of recidivism, it has also exposed structural limitations by treating victims’ rights as secondary. In particular, although the rights of victims—such as the Right to Make a Statement, Access Information, Inspect Records, and Appeal Decisions—are recognized in the law, the scope and procedures for exercising these rights remain vague or narrowly applied, rendering them largely ineffective in practice. This paper reinterprets the purpose provisions of Article 1 of the Juvenile Act and suggests that 'Sound Growth' is not a concept contrary to the guarantee of victims' rights, but a value that can be realized through recovery and recognition of responsibility. First, Victim Assistant System should be introduced to provide expert support and reduce victim exclusion during hearings. Second, Right to Make a Statement should be strengthened, allowing written or oral formats, and victims should be permitted to attend hearings to hear apologies even without testifying. Third, Right to Access should be expanded to ensure victims can understand the progress and outcome of the case. Ultimately, the Juvenile Act should function as a balanced system that fosters the recovery of both juveniles and victims, and institutional reform in this direction is essential, not optional.