회복적 사법의 한계 극복 및 형사사법 정의와의 조화 - 소년사법을 중심으로

• Published in: 소년보호연구 Vol. 34; no. 2; pp. 151 - 182
• Main Authors: 신혜진, Shin Heajin
• Format: Journal Article
• Language: Korean
• Published: 한국소년정책학회 31.12.2021
• Subjects: accepting responsibility; community; criminal justice; criminal mediation; healing; juvenile crime; parental participation; restorative justice; retribution; victim recovery; 법학; 부모 참여; 소년 범죄; 응보; 지역 사회; 책임 수용; 치유; 피해자 회복; 형사사법; 형사조정; 회복적 사법
• ISSN: 1598-8163; 2734-0414
• DOI: 10.35930/KJPR.34.2.7

If we look at the characteristics of recent school violence and juvenile crimes, there are many propensities to commit crimes to finance entertainment expenses, Internet games, and gambling, rather than crimes committed because of economically difficult family circumstances. It is being grouped and organized, verbal violence in cyberspace is also increasing, and the tendency to show off crime through SNS is greatly increasing. They seem to have no fear of crime at all, and they seem to lack social skills as well as empathy and conflict resolution skills. It would be said that existing criminal justice, which seeks strong and retributive punishment for juvenile offenders, is no longer enough to fundamentally solve juvenile crimes. I think restorative justice, which contributes to the acceptance of juvenile's voluntary responsibility and return to society, and has a positive effect on the recovery of victims and increasing the participation of the local community, needs to be supplemented with the criminal justice system while harmonizing with criminal justice. Therefore, it is necessary to analyze various problems such as the limitations of the restorative justice system in the juvenile justice field, which is being implemented under the current law, and study ways to engage the family and the local community, not just the participation and mediation of both parties. I think it is necessary to introduce criminal mediation tailored to juvenile crimes such as parental participation, and it is necessary to clearly classify the crimes subject to restorative justice, and to clarify the regulations on institutions responsible for implementing restorative justice and procedures. The restorative justice process should be implemented over a long period of time, from six months to one year, as in the United States and the United Kingdom, and more systematic training is urgently required for mediators and participants who practice restorative justice. Through this improvement process, restorative justice will be able to properly achieve the goals of reintegration of the perpetrators into society, the healing of the victimized juveniles, and the restoration of the community in the juvenile justice field.