치유와 책임, 그리고 통합: 우리가 회복적 사법을 만날때까지

Beginning in the North America and Europe in the mid-1970's, restorative justice is a reponse to crime, suggested as a complement or alternative to the conventional criminal justice. Only judicial officers are seen in the criminal justice, whereas victim and offender, interested parties or community members participate in restorative justice as important players. Criminal justice addresses crime by having offenders receive pain which is retribution. But the basic method of restorative justice is dialogue between victim and offender. If offender feels responsible for the crime through the dialogue, his or her emotion and behaviour would be transformed. This change of the offender could heal victim's trauma and change him/her. The transformation of the victim and offender would lead to apology, and forgiveness, reconciliation. Restorative justice can be at all stages of criminal procedure from before the accusation to correction. It includes ①victim-offender mediation, ②conferencing, ③circle. When the restorative value is realized, participants are satisfied with the overall criminal justice, and feel that it is fair. But restorative justice, on the basis of voluntary participation, cannot replace conventional criminal justice. And restorative justice functions well when criminal justice is operated fairly. The principle and practice of restorative justice can be applied to managing the conflicts in the school life, and workplace, society, and to facilitating the national healing of trauma from serious political violence. Whoever agrees to the value of restorative justice should try to realize its value at his/her right place. Till we have restorative justice.