소년법상 화해권고제도의 현황분석과 개선과제

In the field of criminal law in Korea, the theme of Restrorative Justice has been discussed in earnest from about 2000 year. As one of restrorative judicial means, it has been examined to introduce Compromise Recommendation System on Juvenile delinquency, and in 2007, Compromise Recommendation System has been introduced finally for a restrorative administration of justice through revision of Juvenile Act. Thereafter, concentrating on judgment scholar of juvenile protection and Seoul Family Court being operated under the Supreme Court, it has proceeded to study improvement of judgment for protecting juvenile, and basing on the study result, Compromise Recommendation System has been enforced from 2010 year, as a new attempt at Juvenile judgement. There is necessity that the System which has been introduced to Juvenile Act as one of restrorative justice, enforcing by Family Court through the country, should be concentrated on "conversation and healing" rather than following in "the step of emphasizing clearing problems", in order to harmonize between the peculiarity of Juvenile Act and restrorative judicial spirit. By the way, it looks like as though current compromise recommendation system is being operated orienting on compromise with monetary compensation in order to lower disposition of protected juveniles by three members commissioned by the court, similarly to adjustment of civil affairs. For all of current situation of the system being operated by Seoul Family Court, it takes too longer days and it appears the problem that the cases of enforcing the system is severely smaller comparing to total cases. In order to gain success in Compromise Recommendation System, it seems the moment has come to examine actively shortening the procedure and times of the system, widening the cases applying it and entrusting it to professional compromise advisor or commissioning to outside institute.