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Considerations on the Limit of Restorative Justice

  • DONG-A LAW REVIEW
  • 2012, (57), pp.119-144
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

CHANG GYU WON 1 Yoon Hyun-seok 1

1원광대학교

Accredited

ABSTRACT

People are arguing with each other for plans whenever problems are revealed due to school bullying or excluding. It is problematic that many countermeasures have already been discussed and attempted. Nevertheless, it is indefinitely repeated like the myth of Sisyphus or a Mobius strip. Although the disciplinary magnitude has been strengthened day by day, agonies on what could be the objective foundation for the strengthening have been covered due to the reason that crimes can be reduced. The thoughts of simple utilitarianism to ignore minority for majority have been accepted as if there were answers. Although we know there are many problems, it is difficulty to clarify the characteristics of the problems. Would they be problems out of the institutions? Would they be problems out of operations? Would those problems are fragmental or partial if the problems come out of the institutions? Or, would they be fundamental or comprehensive? Would they be external problems or internal problems in the penal and judiciary institutions if they are operational problems?The existing frames and their subsequent performance which have been made over issues called crimes and punishments up to now have been gradually negated with a new competitive paradigm appearing due to the doubt “Would it be good enough for these?” Consequently, a trend in an attempt to consider crimes, criminals and the issue on punishment against them appeared under the name of restorative justice. This essay attempts to deal with the applicability of restorative justice around the new paradigm as its main interest. Often, the traditional criminal laws in response to restorative justice have been discussed as an alternative for the limit of penal sanctions, especially one of the alternatives to be reviewed fundamentally in the juvenile laws. Accordingly, the applicability of thoughts for restorative justice around juvenile laws has been considered from the perspective of its limits.

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