초록 열기/닫기 버튼
The present study discussed restorative justice, which was introduced to the Juvenile Act amended in 2007. Restorative justice is a concept advocated mainly by Western countries, which is a form of coping with crimes through the active participation of those involved in crimes such as victims, offenders and community members in the process of solving cases so that the loss of the victims or community may be restored and involved parties may be reunited. In Korea as well, the Juvenile Act amended in 2007 newly included provisions on the recommendation of reconciliation based on the concept of restorative justice, aiming at the intervention in victims’ demands, prevention of second offenses through the reintegration of criminals into community, offenders’ acceptance of responsibility, the reconstruction of community, the saving of judicial costs related to the excess of the judicial mechanism, and the avoidance of procedure delay. This enables the autonomous resolution of conflicts among involved parties, so can be appreciated highly in the sense that it establishes the base for the practice of restorative justice. However, there is a limitation for these provisions to lead directly to the practice of restorative justice. First of all, it is questionable whether restorative justice in the real sense can be implemented because there are not specific regulations on who the coordinator is and on conditions for initiation and procedure. Furthermore, even if restorative justice is implemented, it will be within a very limited scope and thus a question may be raised on the effectiveness. Thus, this study overviewed the meaning and contents of restorative justice and examined actual cases of restorative justice for juvenile criminals in developed countries, and then discussed the meaning of and problems in the introduction of restorative justice to juvenile justice in Korea and how to improve it for enhancing the effectiveness.
키워드열기/닫기 버튼
Restorative Justice, Juvenile Justice System, Balanced Justice, Restoring Victims, Family Group Conference
