청소년참여법정제도에 관한 고찰 - 소년 다이버전을 중심으로 -

Abstract

Together with the people participatory trial implemented from January 2008, the juvenile participatory trial system has been implemented from June 2010. The juvenile participatory trial system is different from the people participatory trial conducted by the general public as jurors to the extent that it can be seen as a participatory system limited to the juvenile protection cases with the juvenile delinquents being jurors. This juvenile participatory trial system is one that has divergent characteristics for insignificant cases and has started to promote decisions of no-trial by the juvenile department of family court. Although the system is unfamiliar to us, it is a generalized system in the U.S. as a teen court program. Under the juvenile participatory trial system, with respect to the protection disposition cases of the juvenile department of family court,juvenile delinquents conduct a peer trial with the consent of the person in question or the guardian, and through the results of the trial, an implement task is imposed upon the juvenile and a decision of no-trial is rendered considering the results of implementing the imposed task. In order to take root the juvenile participatory trial system as divergence for juveniles, prior to the active implementation, it should be necessary to secure human and material resources and conduct scientific verifications for the effects of the system.