보호자 특별교육명령에 대한 소고 - 제재와 낙인을 넘어 지원과 회복의 관점에서 -

Abstract

This study examines the Special Education Order for Guardians under the Korean Juvenile Act, focusing on parents’ experiences and psychological characteristics observed during its implementation, and explores how this system can promote parental recovery as a basis for positive change in their children. To this end, it reviews the system’s background and operation, the role of parent–child relationships in delinquency and desistance, the emotional difficulties and stigma faced by parents of juvenile offenders, and findings from related evaluations. The findings suggest that parents’ emotional support and consistent involvement facilitate behavioral and relational improvement, whereas perceiving parents as subjects of correction and mandating participation may reinforce stigma and defensive attitudes, reducing effectiveness. Although direct effects on recidivism remain uncertain, evidence indicates that, when appropriately administered, the program can enhance parental stability and foster positive change in both parents and children. For the system to move beyond judicial sanction, strengthened counseling support, refined participant selection, and interdisciplinary collaboration are needed to empower parents as partners in their children’s process of change.