회복적 사법과 우리나라의 형사제재체계

• 영문명: Restorative Justice and South Korean Criminal Justice
• 발행기관: 한국형사법학회
• 저자명: 이승호(Lee Seung-Ho)
• 간행물 정보: 『형사법연구』형사법연구 제19권 제3호 (上), 339~358쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.01.20

영문 초록

  As is generally known, restorative justice emerged as a critique of traditional forms of justice in western world and has been one of the most significant developments in criminal justice. We have also taken no little interest in the possibility of its introduction into South Korean penal system since the beginning of 1990. This paper provides a brief overview of our discussion hitherto and makes a proposal for fostering the basic ideals of restorative justice in South Korea.
  The first task to be done in this paper is to define what should be the boundaries of restorative justice. Some scholars try to put a strict limitation on the concept of restorative justice, but this paper offers the broader concept including restorative interventions combined with traditional penal sanctions as well as independent practices to reflect the central values of restorative justice.
  This paper also reviews the debates on the concrete methods of implementing restorative justice. While some place the relative emphasis upon restorative justice process as opposed to restorative outcomes, others maintain that restorative outcomes without regard to process may be sufficient for restorative justice. But both process and outcomes are regarded as the essential components of restorative justice in this paper, so the approximately planned manual of the two is sketched out.
  The ways how to exempt or mitigate the traditional penal sanctions on the occasion of implementing restorative justice is another subject to be examined in this paper. Lastly, some techniques and skills to be intimate with restorative justice are advised to encourage and impede its full-scale introduction.

목차

Ⅰ. 들어가는 말 -전통적 형사사법과 회복적 사법-
Ⅱ. 회복적 사법의 범주
Ⅲ. 화해조정기구와 원상회복
Ⅳ. 회복적 사법에 대한 법적 효과 및 기타 사항
Ⅴ. 맺는 말 -회복적 사법의 장려를 위한 제도적 방안-
〈Abstract〉

키워드

회복적 사법 원상회복 피해자-가해자-조정 화해조정 Restorative Justice Restitution Victim-Offender-Mediation Reconciliation