학교폭력 대응정책에서 소년사법의 역할에 관한 연구

There is a special way of dual systematization in criminal policy. It is a ‘punishment of crimes and protection of victim’ system. From this point of view, ‘School Violence Prevention and Countermeasures Act’(hereinafter “School Violence Prevention Act”) is related to protection of victim. But there is no system about school violence victim protection and support in juvenile justice. It results present situation that ‘the student victim only protection and support by state’. This paper proposes two changes to the role of juvenile justice in school violence victim protection and support. First, the scope of juvenile justice intervention must be expanded from juvenile-offender to juvenile-victim in the juvenile justice system. Second, the scope of juvenile justice intervention must be expanded from juvenile-offender/juvenile-victim to juvenile-offender/victim in the restorative justice programme. The dispute mediation in the School Violence Prevention Act, reconciliation in the Juvenile Act, criminal mediation in the Criminal victim protection Act must be operated by restorative justice mechanism(theory, philosophy). And then, the dispute mediation could be deal with justice programme having legal force as connection point between the School Violence Prevention Act and juvenile justice.