회복적 정의 관점에서의 청소년 참여법정에 대한 논의

The retributive justice focuses on deterrence, punishment, and the imposition of pain. On the other hand, restorative justice avoids the punishment for the offenders, and help them reflected their actions. Restorative justice is characterized by voluntary participation of the victim, acknowledgment of responsibility by the offender, efforts to restore damage, and restoration of community relations. These restorative justice programs include mediation programs, conferencing programs, and circle programs. In Korea, there are Reconciliation Recommendation System, Suspension of the Prosecution with Supervision for the Juvenile, Mediation System of School Violence, and Teen Courts that applies the concept of restorative justice. The Teen Courts is in accordance with restorative justice in terms of involvement of youth participant as a community member and responsibility through task execution by the offender, but there is a part to supplement. In order for Teen Courts to achieve substantive restorative justice, the process of communication between the victim and the offender should be added to the Teen Courts process. The voluntary participation of the victim should be premised, and the offender's recognition of the responsibility for his action and commitment to recovery should be indicated. And it is required to construct the youth participation that can assist the restoration of the community relationship and to strengthen the capacity of the facilitator. In addition, actual task to recover damage should be assigned to the offender.