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Restorative justice and criminal justice

  • DONG-A LAW REVIEW
  • 2012, (54), pp.417-448
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Lee, YongSik 1

1서울대학교 법학전문대학원

Accredited

ABSTRACT

The development of victimology and introduction of restorative justice raise not only a criminal interest to victim but also introduction of justice for victim in our criminal system. That is the assertion, that we have to change the ‘paradigm of justice’ in our criminal process with a justice for victim came from restorative justice. But the attempt to compromising traditional criminal justice and restorative justice on the traditional criminal process may make a dissatisfactory result to both sides. So such an attempt methodologically has a definite limit. Well then, I want to suggest that the contents of restorative justice concluded the restoration of criminal damage and justice for victim should not be in the area of criminal justice for the functional realization of criminal law. And I also want to separate two justice procedurally or on policy consideration. The attempt to compromising restorative justice and criminal justice came from the thinking that criminal law and criminal process can accept an ideology and a target of restorative justice and have a policy function for damage restoration and protection of victim. But criminal law and criminal process can not be a omnipotent method to solve social problems. The ‘ultima-ratio’ principle of criminal law points to this meaning.

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