한국의 回復的 少年司法에 관한 연구

Restorative Justice program is based on voluntary participation. Because achieving Restorative Juvenile Justice in the system of criminal justice is limited in the current Juvenile Act, a new guideline for Restorative Justice’s perspective and principle is needed. In the current Juvenile Justice process, Restorative Justice can only be introduced if: the suspect does not deny his guilt, the suspect confessed, the suspect is accused for a misdemeanor, or it is the suspect’s first crime. In these cases, the suspect is freed after admonition by the police or prosecutor without being sent to the court, do harmony program adjusted by judicious guidance system, or during trial, cancel the criminal process with consent of the prosecutor and be dismissed a public action. After the sentence, Restorative Justice program could be used between the prisoner and the victim. In order for Korea’s Juvenile Justice to succeed, specialist program must be actively used. The effect of Restorative Justice can be maximized by specialist program. For the maximization of the efficiency of the Restorative Justice, fund raising, public and professional education, multi-organizational partnership, and appropriate measures taken by local governments are needed, and a facility in charge of the Restorative program and an operation guideline are also needed. It is especially important to induce a common knowledge between the facility and local communities, and it is even more crucial to change the official’s judicial authoritative mentality. If the officials do not understand the restorative, the new program will become a bureaucracy and the facility will fall to becoming just a governmental group for police or prosecutor, which will result in a bureaucratic downfall rather that Restorative Justice for Juvenile. Thus, complementary measures must be taken as well.