형사화해제도에 관한 형사사법 실무자의 인식

• 영문명: How Korean Judicial Practitioners View the Restorative Justice Programs: A Field Study
• 발행기관: 한국피해자학회
• 저자명: 김용세(Yong-Se Kim)
• 간행물 정보: 『피해자학연구』제14권 제1호, 1~33쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.06.30

영문 초록

The purpose of this study lies in collecting the basic resources for the study on the possibility of bringing forth the restorative justice program within korean penal law system what kind of restorative justice program we will take, and how we will do it. In relation with the entry of restorative justice program, we intend to take as the basic resources for the legal examples which is proper to our reality, by confirming how the most interested judge, prosecutor, and lawyer recognize the legal victim’s problems, and how they think about the introduction of restorative justice program. In this study, we used the example interrogation method by a questionnaire. This object of interrogation are judge, prosecutor, lawyer, police, and the legal victims. We confirmed the following facts through this interrogation. First, Korean judge, prosecutor, and police fully realize the necessity for the protection of legal victims, and they think positively about the entry of the restorative justice program. Second, they agree on the point that legal reconciliation system would be effective for the protection of legal victims and the prevention of future crimes, even though they precisely recognize the distinct characteristics of various restorative justice programs such as ‘Victim-Offender Meditation’ and ‘Restitution Order’.  Especially, the persons who worked long in this legal system do not give a lot trust on to the traditional criminal justice but give more expectation on the necessity and the effect of conflict reconciliation through people’s voluntrary communication. Third, Korean legal practitioners generally agree on the entry of the restorative justice program, however, disagree on the reconciliation programs which is essential condition for the introduction of the system, depending on their different hierarchy. Generally, they think appropriate to impose this work on the qualified private institution, rather than on one of legal institutions which shows the conflict of interests. Fourth, the contact or reconciliation between offender and victims already starts on the level of police prosecution. Therefore, the practices of protecting legal victims, including the intervention of reconciliation, have to be managed systemically from the level of police prosecution which is the initial level of handling with case. Fifth, the victims who have contacted with offenders for the reconciliation, generally are not satisfied with the result of their conversation, and are not relieved from the revengeful emotion towards offenders. For the effective process of reconciliatory conersation between offenders and victims, there has to be an intervention by the professionals in order to achieve the expected effect from the conversation between offenders and victims.

목차

Ⅰ 조사연구의 배경

Ⅱ 연구목적과 방법

Ⅲ 조사결과 분석

Ⅳ 결론: 남겨진 과제

Abstract

키워드

the Restorative Justice Victim-Offender Meditation