A Study of Restorative Justice from Victims` Perspective and Examination of the Possibility of Introducing it into South Korean Criminal Justice System

소개글

피해자학이 등장하게 된 학문적 제도적 과정을 살펴보고, 피해자의 관점에서 본 회복적 사법의 유용성 및 이를 토대로 한 각국의 제도가 어떤 취지로 도입, 활용되고 있는지, 그 과정에서 범죄 피해자에게 어떤 유용한 효과를 제공하고 있는지에 대해 살펴본 후, 그러한 제도 내지는 유사한 제도를 우리나라의 사법제도에 도입하여 효과를 거둘 가능성이 있는지에 대해 고찰

목차

SUMMARY
Ⅰ INTRODUCTION
Ⅱ SUBJECTS OF ENQUIRY
Ⅲ CRITICAL ISSUES IN VICTIMOLOGY
1. ORIGINS OF THE VICTIMOLOGY
2. DEVELOPMENT OF SCIENTIFIC METHODS FOR THE EXCAVATION OF HIDDEN CRIME
3. CRITICAL POINT OF VIEW AGAINST WIDER SCALE VICTIM SURVEY
4. VICTIMS IN THE CRIMINAL JUSTICE PROCESS


Ⅳ RESTORATION OF WHAT HAS BEEN INFLICTED ON THE VICTIM

1. CONCERNS FOR THE CURRENT CRIMINAL JUSTICE SYSTEM IN DEALING WITH CRIME VICTIMS
2. DEFINITION OF RESTORATIVE JUSTICE
3. ORIGIN AND PHILOSOPHY OF RESTORATIVE JUSTICE
4. CRITICAL ISSUES IN RESTORATIVE JUSTICE
Ⅴ RECENT TRENDS IN POLICY INITIATIVES IN DIFFERENT SOCIETIES

1. NEW ZEALAND FAMILY GROUP CONFERENCING
2. FAMILY CONFERENCING IN WAGGA WAGGA IN SOUTH WALES, AUSTRALIA
3. RESTORATIVE CAUTIONING IN ENGLAND AND WALES

Ⅵ VICTIM SUPPORT IN THE CRIMINAL JUSTICE SYSTEM IN SOUTH KOREA

1. LEGAL APPROACH TO THE VICTIM SUPPORT
1-1. THE RIGHT OF VICTIM STATEMENT IN THE CRIMINAL JUSTICE PROCESS
1-2. RESTITUTIONAL POLICY AND ITS UTILIZATION

2. THE ABSENCE OF CONFRONTATION BETWEEN OFFENDER AND VICTIM IN YOUTH JUSTICE
2-1. YOUTH OFFENDERS IN SOUTH KOREA
2-2. THE LACK OF A VICTIM`S ROLE IN THE DECISION- MAKING PROCESS

Ⅶ CONCLUSION

본문내용

SUMMARY

Victims, who are the initiators in the criminal justice system, have not been acknowledged and treated so well by the public agencies for quite a long time. They have also been given not much attention by the academic field. However, much effort has been made to change the situation. The appearance and development of victimology has functioned as an axis on the one hand. On the other, various policy initiatives based on restorative justice philosophy have been introduced in the current criminal justice system as a way to keep the balance between victims and offenders. Critical issues in victimology are discussed and empirical research results are reviewed. Most results show that the majority of victims feel satisfied with the outcome of restorative justice initiatives. In order to examine the possibility of introducing restorative justice in South Korea, youth crime data is analysed. The analysis shows that a strategy of early diversion of youth offenders has been adopted in criminal policy. It would be a great benefit to victims if restorative justice philosophy would be introduced and combined with the diversion strategy in South Korea.

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