회복적 정의를 통한 학교폭력예방 및 대책의 발전방안 연구

Abstract

A survey conducted by the Ministry of Education on Dec. 5, 2016 concluded that the number of school violences and their victims has been reduced for the past few years, saying that the tendency is the result of various government effort to check school bullying. On the contrary, however, some claim that the Ministry's announcement cannot be entirely trusted on the ground that the number of deliberations by the committees of school violence has continuously increased and that the controversial ways of surveying the school bullying have never been properly addressed. Apart from those conflicting opinions, it is needed to examine whether, for the prevention of school violence, appropriate methods of educating and guiding the youths have been employed because self-reflective voices are heard here and there. As mere figures of statistics cannot fully account for the situation, it is quite necessary to consider how effective ways have been used and whether they are meaningful and helpful to our young students. From this point of view, the present efforts cannot be free from some negative evaluation that the measures to prevent school bullying taken so far by the government seem to be too formal and slipshod to take effect. Now is the time to deeply ponder over what is the right thing to keep schools safer than ever. In this respect, the so-called ‘restorative justice,’ which recently draws much attention in the areas of school violence and juvenile justice, appears to be worthy of note, especially when a paradigm shift is needed to effectively cope with school bullying matters. The new concept requires more reconciliation effort; instead of imposing penalty and punishment on the attackers, the restorative justice calls for their sincere regrets and repentance and seeks to help the victims cure their pains and sufferings through forgiveness and reconciliation. Mindful of this forward-looking and progressive concept, this research aims to critically examine the programs based on ‘restorative justice’ and suggest more extensive and comprehensive ways of preventing school violence and offering more effective alternatives and countermeasures. The point is that a system should be set up for both assailants and victims, through their own self-reflective effort, to safely return to society, thereby forming a new paradigm in the field of criminal justice in general.