소년범죄의 사회적 맥락과 회복적 소년사법의 적용

This paper examines the escalating severity of juvenile delinquency alongside the concurrent intensification of zero-tolerance approaches and punitive policies. Drawing on empirical evidence showing that harsher penalties for youth offenders fail to deter reoffending and undermine opportunities for rehabilitation and social reintegration, it advocates for a fundamental reorientation of juvenile justice. The paper underscores that juvenile justice must uphold principles distinct from adult criminal systems and fulfill the state’s duty to protect and nurture immature individuals. It introduces the emerging global paradigm of restorative justice—rooted in frameworks such as the UN Convention on the Rights of the Child and the 2009 Lima Declaration—and argues for the feasibility and urgency of implementing restorative juvenile justice in South Korea. Through practical case studies, including child rights-oriented juvenile provisions, protective measures, and interventions addressing school violence, the study illustrates the need to shift from a punishment-centric judicial model toward one focused on healing, accountability, and reintegration. Ultimately, this paper proposes strategic measures to establish restorative juvenile justice in Korea—advancing youth responsibility, repairing harm, and reinforcing community resilience.