호주에서의 회복적 사법의 최근 동향 및 그 시사점
Recent Trends in Restorative Justice in Australia and Its Implications
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While the period of stagnation has continued since restorative justice was introduced to Korea more than 20 years ago, attempts have been made to incorporate the idea of restorative justice ideology in police activities under the name of so-called restorative policing. Moreover, as the police have the right to terminate the investigation under the revised Criminal Procedure Act, it provides an opportunity for the police to actively attempt to intervene in the handling of cases. Under these circumstances, looking at the situation in Australia can help minimize trial and error in Korea. Because Australia is known as the birthplace of the so-called Wagawa model, which has been widely spread to common law countries such as UK, the United States and Canada, becoming a model for restorative policing. This study aims to examine recent trends in restorative policing in Australia and to provide basic data for reference in our institutional design. First, I will introduce the details of the operation of the restorative justice in Australia. Next, the performance and tasks in Australia are reviewed. Based on this, implications are derived such as the preparation of screening criteria for cases, the validation of effectiveness for programs, the consideration of the operator and the idea of a sustainable model.
Abstract
While the period of stagnation has continued since restorative justice was introduced to Korea more than 20 years ago, attempts have been made to incorporate the idea of restorative justice ideology in police activities under the name of so-called restorative policing. Moreover, as the police have the right to terminate the investigation under the revised Criminal Procedure Act, it provides an opportunity for the police to actively attempt to intervene in the handling of cases. Under these circumstances, looking at the situation in Australia can help minimize trial and error in Korea. Because Australia is known as the birthplace of the so-called Wagawa model, which has been widely spread to common law countries such as UK, the United States and Canada, becoming a model for restorative policing. This study aims to examine recent trends in restorative policing in Australia and to provide basic data for reference in our institutional design. First, I will introduce the details of the operation of the restorative justice in Australia. Next, the performance and tasks in Australia are reviewed. Based on this, implications are derived such as the preparation of screening criteria for cases, the validation of effectiveness for programs, the consideration of the operator and the idea of a sustainable model.
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