형사사법에서의 회복ㆍ참여ㆍ예방 - 검찰실무를 중심으로 -

Restorative Justice is a new approach which focuses on the relationship damaged by torts and encourages involving parties - victims, local community members and so on - to actively participate in criminal justice process in order to reconcile and rebuild the relationship. Restorative Justice, most of all, is a co-existing justice in that it highly values conflict-resolving procedures and the restoration of damaged relationship and loss caused by the crime. It is also a participatory justice in that both parties can partake in the justice process. It is eventually a preventive justice in that it aims to prevent crime. Focusing on the theme of co-existence, participation and prevention of criminal justice, this study examines ‘Criminal Mediation,’ ‘Arbitration of sentencing prior to the prosecutor’ and ‘People’s Law School.’ ‘Criminal Mediation’ is a fast-emerging legal proceeding which limitedly applied when the accused acknowledges and accepts the basic torts charged. Through mediation, the system offers prompt and practical recovery of loss to protect and support the victims. ‘Mediation of sentencing prior to the prosecutor’ is one of restorative legal system which attempts to call the parties involved - the accused, victim, their family members, local people, prosecutor and so forth – and mediate the prosecutor’s charging decision. Debating about torts and its effect on local society, where each obtains the right to speak on appropriate punishment for the accused. ‘People’s Law School’ is a public legal education campaign. Its purpose is to help the citizens to understand that they are the subject entities of the law, not the vice versa in the judicial system, and to support them to take an active part in the justice procedures. In the long term, the campaign aims to establish and strengthen ethics and moral values in the society.