매 맞는 여성 신드롬(BWS)의 피해자화이론과 회복적 사법

• 영문명: Current Perspectives on the Battered Woman Syndrome Related to Victimization Theory and Restorative Justice
• 발행기관: 한국피해자학회
• 저자명: 양문승(Yang, Mun Seung)
• 간행물 정보: 『피해자학연구』제11권 제1호, 21~57쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.06.30

영문 초록

At the tum of the century psychological and neurological research was progressing so rapidly. The most stunning success of all, however, was the discovery of mental syndrome involving the gradual and irreversible breakdown of physical and mental functioning. This discovery had an immense impact on the mental health profession and helped to establish the medical or psychological model of mental disturbance in the unshakable position it still occupies today. Most syndromes are mysterious, various and complex. Particularly, the 'battered child syndrome' or the 'battered woman syndrome' has a symbolic aspect of the 'cycle of violence'. Physical abuse of woman by marital partners or cohabitres often occurs concurrently with child abuse, and the majority of battered woman have also bren subject to marital rape. These observations are consistent with the 'cycle of violence' hypothesis, and with the view that abuse is role modelled behaviour passed on through social learning. This discussion thoroughly review medical and psychological theories and research. Some theories are far more sophisticated and complicated than those discussed, and some incorporate social variables. In the meantime, more and more researchers are suggesting an alternative to the traditional criminal sanctions imposed on perpetrators by the state. These scholars are examining the concept of restorative justice as a new vision for dealing with both offenders and victims. The topic of restorative justice is included in a discussion of the civil justice system because it is more similar to that philosophy than the current philosophy of criminal sanctions. Victim-offender mediation has its roots in the Victim-Offender Reconciliation Program(VORP) started in the mid-1970s. Restorative justice believes that victims are central to the process of resolving a crime and offers involvement of the participants in the process. We can expect that in the future restorative justice will play a larger role in the explaining effort on the battered woman syndrome and its related victimization theory.

목차

Ⅰ. 문제의 제기

Ⅱ. 전제적 논의

Ⅲ. 매 맞는 여성 신드롬과 피해자화 메카니즘

Ⅳ. 회복적 사법 관점에서의 피해자 구제

Ⅴ. 결론

참고문헌

Abstract