양형정보시스템에 관한 비교법 연구 - 바람직한 양형자료의 수집, 분석 및 공개 방안을 중심으로 -

Korea has implemented various efforts to reduce deep rooted sentencing problems of which 'Jeon-Kwan-Je-woo' and unwarranted disparities have proven to be most glaring. As part of this effort a sentencing commission was established and an advisory sentencing guidelines system was introduced. However, because merely enhancing consistency in sentencing would by and large undermine individuality, a well functioning sentencing information system('SIS') would be advantageous to achieving objectivity while preserving individuality in sentencing. A successful SIS can analyze the sentencing guidelines's implementation results in a positive way and assist in the sentencing guidelines system. Furthermore, the SIS will be pivotal in restoring public trust to the criminal justice system by providing easy access to sentencing information for the people. Thus far the Korean Sentencing Commission('KSC') does not operate an independent SIS but it would be in the interest of our nation to launch a SIS after observing the SIS operating experiences of other countries in order to find a model best suited for us. In the jurisdictions that have successfully implemented a SIS, each sentencing commission maintains a good scheme in which it collects and analyzes qualified sentencing data and provides sentencing information for the many users. Globally, providing sentencing information not only for judges but also for public is increasingly becoming the norm. KSC also collects and analyzes the sentencing data but the scope of its activities in collecting, analyzing and disclosing information remains limited. Further, because of the lack of evidence-based analyses it is difficult to discern if any alleviation of the aforementioned sentencing problems have been resolved. Now the KSC receives qualified data from the judges directly and develops good sentencing database. Through a newly established SIS, the KSC can analyze data thoroughly and disclose sentencing information on a broad scale. By ensuring public access to sentencing information can faith in the criminal justice system be restored.