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A Introductory Study on Criminal Mediation System in Korea

  • DONG-A LAW REVIEW
  • 2009, (44), pp.445-471
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Shin Yang Kyun 1

1전북대학교

Candidate

ABSTRACT

Criminal Mediation is the procedure, which resolve conflicts caused by offences and reintegrate legal community by means of mediation and dialogue between criminal offenders and victims. Criminal Consensus is similar with criminal mediation, but the former has been developed customarily to resolve criminal conflicts by civil methods and is not based on the idea of restorative justice. In our country many people are accused by victim or third persons against criminal cases and it makes cost of criminal justice increased, therefore to minimize a side effect of accusation shall criminal justice agencies develop ADR(=Alternative Dispute Resolution) such as criminal mediation or reconciliation. On the other hand, because traditional criminal policy oriented to rehabilitation of offenders exposed its limits on criminal measures and crime rates rised explosively since the mid 20 century, it grows interest in criminal victims. the nation has also interest in protection of criminal victims. A main issue of the protection is recovery of suffers or damages and voluntary mediation between offender and victim to restore damages play an important role in criminal procedure. In Korea has two mediation system in criminal cases generally, pretrial mediation and criminal conclusive effect to reconciliation between the person concerned, but the former is the criminal mediation in real meaning, in that the third party, the Support Center for Criminal Victims, has an advisory role in reconciliation between the parties and reconciliation has (restrictive) normative effect. From legislative aspect our criminal mediation system shall be more systemized according to levels and contents, and it requires practical plan to secure its legal effect.

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