[논문]형사제재시스템과 회복적 사법 - '회복적 사법의 이념과 형사제재체제의 개편(이호중)'에 관한 의견을 겸하여 -

• 영문명: [Article]Restorative Sanction in Criminal Justice System
• 발행기관: 한국형사법학회
• 저자명: 김용세(Kim Yong-Se)
• 간행물 정보: 『형사법연구』형사법연구 제23권, 224~253쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.06.01

영문 초록

In recent decades reformers have long searched for better, and especially less destructive and more effective, responses to crime. The latest result of this search is restorative justice. Nevertheless lay people often do not see the need for limitations and constitutional safeguards in a legal procedure. On the order hand, for lawyers, who are very firmly socialized into the legal system, it seems to be very hard to disengage from traditional principles and functional distinctions. It seems to be desirable and rightful that attempt to overcome weaknesses of traditional disciplinary justice system with the introduction of restorative sanction('the third way'). The third way would discredit the wrongful act, without limiting itself to the mere infliction of pain on the offender, and requiring the offender to engage in positive and constructive activities instead. At the same time, by focusing on the process of social learning, restitution goes beyond therapeutic responses to crime without attempting to strip the offender of his personality in all of its complexity. In this way, restitutive and mediative alternatives can function as unique means of escaping from the dilemma created by the antagonistic traditional aims of punishment. I don't agree, yet, to the radical assertions substituting restorative justice for traditional criminal justice system, neither do I agree to the opinion that adopt restorative sanctions as principal measure of the reaction to criminal behaviors and regard traditional punishments as only supplementary means.

목차

Ⅰ. 시작하는 말

Ⅱ. 회복적 사법의 이념과 한계

Ⅲ. 회복적 사법의 실무모델

Ⅳ. 전통적 형사사법과 회복적 사법의 관계

Ⅴ. 결론: 회복적 사법의 실천방안

[Abstract]