형사사법에서 인간 존중 가치의 제도적 구현 : 자율성과 상호성의 증진을 중심으로

The social motivation model in social psychology reveals the limitations of instrumental deterrence strategies, which diminish individuals’ internal capacities by emphasizing punitive threats. To address the shortcomings of penal instrumentalism, this model underscores the significance of “value” as a social motivation that fosters autonomous self-regulation through the internalization of norms. Values serve as foundational principles that guide goal selection and decision-making for both individuals and society. Furthermore, values provide essential direction for institutional design and operation by legitimizing norms. Norms can only be established in alignment with a community's social ideals when values shape perspectives, and those perspectives, in turn, influence the system. Consequently, the criminal justice system should transcend exclusive dependence on instrumental and punitive mechanisms and instead be structured and managed according to values that cultivate intrinsic social motivations. “Human-Centered Criminal Justice” refers to a model that prioritizes the enhancement of human autonomy and reciprocity, rather than focusing solely on procedural and statutory rights. By positioning human respect as the foundational value within the criminal justice system, this approach facilitates a comprehensive response to structural challenges that purely normative frameworks may neglect, thereby mitigating the risk of alienating individuals within the system. Furthermore, this paradigm empowers all members of society to act as active agents, contributing to the construction and evolution of the criminal justice system through autonomous and intersubjective interactions. This article presents two theoretical frameworks to support this value. Restorative justice conceptualizes crime as a harm to relationships and prioritizes the restoration of reciprocity through participatory communication that respects the autonomy of all parties involved. Habermas’s theory of communicative action asserts that intersubjectivity, grounded in self-reflection and mutual understanding, constitutes the primary foundation of normative legitimacy. The concept of “Communicative Justice” operationalizes this theory by prioritizing mutual trust, respect, and intersubjective interaction. Building on this theoretical foundation, the criminal justice system should be restructured to embody the value of human respect by strengthening the autonomy of each party and fostering genuine reciprocity throughout the legal process. Achieving this objective requires a fundamental shift from a state-centered model to one that prioritizes individual agency and autonomy. First, procedural mechanisms must facilitate the voluntary acceptance of norms. Confession should be understood primarily as an act of accepting moral responsibility, rather than solely as an investigative method. This approach enables self-reflection by transforming investigations into dialogic inquiries and broadening the scope of sentencing hearings. Second, the unilateral nature of criminal procedures should be reformed to increase the agency of all parties, requiring structural changes that guarantee initiative in shaping information and recognize notification and access to information as fundamental rights. Participation should be proactively redefined to expand choice and decision-making throughout procedures and outcomes, for example, by providing autonomous options for victim compensation. Moreover, communicative practices among criminal justice actors should be strengthened at every stage of the process. By transforming criminal justice from a mechanism of unilateral control into a forum for autonomous and reciprocal communication, this value-oriented approach will serve as the foundation for a human-centered criminal justice system where mutual respect and voluntary norm compliance sustain a virtuous dynamic.