뉴질랜드에서의 회복적 사법의 최근 동향 및 그 시사점

With the implementation of the revised Criminal Procedure Act set to take effect, it is time to seriously consider how to embody the ideology of the restorative justice in the judicial process, including the police level. In the case of the countries rooted in common law, police have traditionally been given wide discretion, which naturally led to a tendency to combine restorative justice procedures with diversions at the police level. In particular, it is known that New Zealand is the first country in the world to institutionalize and operate a wide range of restorative justice. Therefore, reviewing how the restorative justice system functions within the framework of New Zealand’s criminal or juvenile law can provide great implications for Korea. In this paper, the following discussions are held to comprehensively examine the latest trends in the restorative justice, mindful of the status of the restorative justice in New Zealand's overall judicial system. First, the basis and operational status of the family group conference centered on the juvenile case are examined, and then the achievements and tasks in the system operation process are reviewed by introducing the latest situation of the restorative justice in the criminal justice procedure. Based on this, it draws up implications for the establishment of a legal basis for the use of restorative justice procedures, the design of efficient systems, and the establishment of a feedback system through verification of effectiveness.