핀란드의 소년사법체계에 대한 고찰

Different from traditional criminal justice focusing on the punishment of criminals, criminal and victim, furthermore local community with certain interest in regards to criminal problems are brought around as the subject of resolution for criminal case recently and restoring peace in social community through mutual understanding, reconciliation and damage compensation between them is being advocated. It is to restructure the frame of punishment based criminal judicial system from new perspective. In this aspect, the research took a general view on juvenile judicial system of Finland not widely known to us to provide reference for implementation of ideology for juvenile justice or restorative justice. Prevention and rehabilitation is the foundation of juvenile justice in Finland and such policies play more important role in juvenile justice rather than criminal justice of adult. Even in case of juveniles who are the subject of criminal punishment, rehabilitation is considered most important in ruling of juvenile justice and execution of punishment in aspect of special prevention. Of course the principle of juvenile punishment is same as general criminal law except the fact that juvenile criminals are sentenced to lighter punishment. However, the aspect of rehabilitation for treatment within society is stressed out. Especially, juvenile crimes are dealt more in aspect of child welfare than criminal justice. Treatment for juvenile criminals is based on benefit of juvenile and follows the principle of protection in child welfare system. The child welfare system for juvenile crimes decided critically for concerning the future, and the coordinating system is consisting to solve problems by intervention of all organizations related to juvenile criminals if necessary. In case of Korea, Article 23, item 3 “Reconciliation Counsel” was created in revised juvenile law and the execution of restorative justice could be intervened in the court trial stage. However, the specific regulations like coordinating subject for “Reconciliation Counsel” and coordinate processing procedure were not prepared and more specific executing regulation and guideline must be provided to achieve the purpose of coordinating and restorative justice ideology. Recently revised juvenile law of Korea decreased the age of juvenile who is against the law and regulated it to the juvenile more than 10 year olds and less than 14 yearolds who act against the punishment law. Considering juvenile's physical‧moral maturity and conscious level, cultural aspect, and social recognition, the lowest limit of age for juvenile criminal who are the subject of protection punishment was down from 12 yearolds to 10 yearolds, but it is true that the preparation of related justice system and the maintenance of the system are still not enough according to the age cutdown. It means for juvenile crime cases that governmental support are still insufficient for juvenile criminals in aspects of education, humanitarian, and welfare. Therefore, affiliated institutions of juvenile crime including office of education, police, court of justice, prosecutor’s office, probation office, juvenile reformatory, etc shall strengthen cooperation with local self-governed organizations and social organizations to minimize the ill effect of social label toward juvenile criminals, rehabilitate through specialized character education for each type of problem, prevent the misconduct in aspect of welfare and embrace juvenile criminals as sound member of society and lead them to the right path.