형사조정제도의 실효성 확보방안 연구

• 영문명: A Study of the Criminal Arbitration on the Plan for Effectiveness
• 발행기관: 한국피해자학회
• 저자명: 장규원(Chang, Gyu-Won) 윤경희(Yun, Gyeong-Hui)
• 간행물 정보: 『피해자학연구』제16권 제2호, 31~50쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.12.31

영문 초록

Recently, as the discussions on the victimology and the theory of replevin from various angles and viewpoints, are getting more lively, various countries legalize the criminal reconciliation and arbitration through the revision of the criminal law. In our country also the problems of the private arbitrations of the criminal case have been noticed and in 1990s the interest on the private law for replevin and victimology was getting higher. From the first day of 2007, "Criminal Arbitration" has been named and activated nationally. This act mainly prevents the abuse of law suits and also leads to the reduction of the works of the prosecutors in dealing with civil and criminal law cases. It works as follows: the parties involved refer the case to the civilian committee, "the Center of the Aide for the Criminal Victims" that consists of local personnels, to peacefully arbitrate the struggles. However the problem is lacking in the regulations for the criminal arbitration and in its theoretical ground. Also having done as a customary program deviating from its original intention and goal, the following problems are raised in its effectiveness: the problem of publicity and reliability of the constitution and formation for the criminal arbitration committee, of violation of the appropriate procedure, of the legal judgement on the actual result of arbitration, of violation of the equality right, of the protection of the personal right and information, of the principle of assuming innocence. Therefore this study attempts to ensure its effectiveness through securing the right position of "the criminal arbitration" by way of improving its organization and formation from the institutional and legal aspects.

목차

1. 머리말

2. 형사조정절차의 일반적 개관

3. 형사조정제도의 운영실태 및 법이론적 검토

4. 실효성 확보 방안

5. 결론

참고문헌

Abstract

키워드

형사조정 조정 화해조정 회복적사법 화해 피해자가해자조정 원상회복 Criminal Mediation mediation Reconciliation Restorative Justice reconciliation Traditional criminal justice Victim-Offender-Mediation Restitution