소년법원에서 시민참가형 재판제도에 관한 일고찰 - 프랑스와 영국의 소년재판을 중심으로 하여 -

Abstract

There are certainly some merits in obtaining reasonable judgements as well as in getting appropriate treatments for the young offenders when civil and community people directly take part in the juvenile court trials. Likewise, the French and British juvenile courts are also practicing the Civic Participation System by Continental Mixed System and the Magistrates(Lay Judges)' Court System respectively, and their judgements show that the major purpose of youth trials is providing better education and rehabilitation for young offenders rather than just punishing them. The brief summary of the research paper is as follows. First, there is a major thing in common in the French Juvenile Courts and British youth courts: They have the closed-door and confrontation trials in the form of Civic Participation System. Second, the French Civic Participation System by Continental Mixed Jury System is composed of two civic judges and one professional judge. And the civic judges' experiences and the legal judge's professional knowledge seem to be harmoniously combined and pass careful and fair judgements for young offenders. In the same manner, the British Youth Courts also manage the traditional Magistrates-centered trials, and it shows that they conduct the juvenile justice deeply related to community and civil participation. Third, an Éducateur plays a very important role in the sense of examining and supporting youth offenders in the French Juvenile Courts. Just like the French Éducateur, the British Youth Courts also have the similar system called Youth Offending Team. Both systems can be highly appraised because they are actively supporting for the youth offenders'social environment and practical rehabilitation. Finally, it is definitely worthwhile for the better Korean juvenile justice to review some points of French and British juvenile justice systems based on civic participation trials, such as civic judges and prosecutors attendance and Éducateur and Youth Offending Team's participation in the juvenile trials.