형사조정제도에 대한 평가 및 과제

As the act to apply criminal law, criminal procedure is the system where governmental authority such as the police and prosecutors seek solution for legal conflicts. However, criminal mediation system is a process of mediating conflicts that can be solved by private autonomy where prosecutors take on cases that are seen as desirable for persons involved to solve the conflict through communication for the prosecutors to submit the cases to the criminal mediation committee to apply the mediation results to the case proceedings. This can be explained as the system introduced by applying the changes of thinking that places the criminal victim in the center of the criminal proceedings to recognize them as active subjects rather than the past where they were just viewed as an outsider even though they were persons directly involved with the case. This system has advantages of reduced time and costs as well as flexible countermeasures when compared to traditional criminal proceedings as well as contributing to the actual recovery of crime damages and autonomous settlements. Meanwhile, the system that was introduced to lessen burdens of judicial affairs have considerable issues by nature. Hence, the present study examined the background of introduction, significance and summary of the criminal mediation system. Moreover, the study clarified the problem points of the system based on the author’s experiences while working at the criminal mediation committee and the theoretical review results to suggest improvement measures for the mediation system that suits the actual work of criminal mediation. In detail, the study focuses on the expansion of voluntary participation for criminal mediation, the need for establishment of neutral independent legislations and the strengthening the competence of mediators.