형사조정제도의 과거, 현재, 미래

• 영문명: The Past, Present and Future of Criminal Mediation System
• 발행기관: 한국피해자학회
• 저자명: 조균석(Cho Kyoon Seok)
• 간행물 정보: 『피해자학연구』제24권 제3호, 201~224쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.12.30

영문 초록

Critiques argue that the main goal of criminal mediation system is to alleviate the workloads of prosecutors rather than pursuing the spirit of restorative justice while others believe that it does perform as a form of restorative justice which restores damages inflicted on victims promptly. Despite the controversies, it acquired legal basis in 10 years after the enforcement and reinforced its status as an important system that applies restorative justice to prosecutors’ practices, which went beyond dealing with mere accusation cases. As the system is acknowledged and recommended by the United Nations, it needs to establish itself as Alternative Dispute Resolution(ADR) that includes public engagement over the criminal justice procedures. This requires improvements in multiple aspects, including policy dimension. First of all, implementation capability for agreement should be prepared. That is, tools that can guarantee the effectiveness such as civil mediation and administrative mediation that provide validity of reconciliation in the court proceedings need to be arranged. Secondly, permanent criminal mediation centre should be established. Either temporary or stepwise, it has to be mobilised as a part of the Prosecutors’ Office and the extent of application needs to be expanded to police and court level rather than being limited to the prosecutors’ level. There should be a conflict resolution method before proceeding to the criminal justice procedures and conciliation-prepositive principle would be one of the effective ways. Thirdly, synthesised laws on criminal mediation needs to be prepared. Currently the basis of mediation is in the Victim Protection Act but in order to develop itself as a permanent criminal mediation centre, the formation shall change as a special law. Lastly, conditional suspension of prosecution through mediation should be introduced and utilised. As can be seen from the countries overseas, the authority needs to utilise it actively to address juvenile cases. Thus, criminal mediation shall be affiliated with the conditional suspension of prosecution.

목차

Ⅰ. 글머리에

Ⅱ. 형사조정제도의 과거

Ⅲ. 형사조정제도의 현재

Ⅳ. 형사조정제도의 미래 - 제도적 발전방향

Ⅴ. 마치며

참고문헌

Abstract

키워드

형사조정 회복적 사법 상설 형사조정센터 형사조정전치주의 조건부기소유예 Criminal Mediation Restorative Justice Permanent Criminal Mediation Centre Criminal Conciliation-Prepositive Principle Conditional Suspension of Prosecution