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A Study on the Restorative Juvenile Justice System in France - Focused on the Penal Reparation -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2018, 6(1), pp.9-37
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

MoonKwi KIM 1

1호서대학교

Candidate

ABSTRACT

In South Korea, recently, serious crimes such as group school violence, committed by young has consecutively occurred. In response to this juvenile delinquency which is more and more being violent, intellectual and which is committed by the younger, the opinion that we must enforce the punitive measures based on the retribution against the young who committed the crimes is expanded, on one hand. Contrary to this opinion, the argument insisting on enforcement of existing measures focused on the guide and protection of young on which korean juvenile justice system or insisting on introduction of more alternative measures is presenting, on the other hand. Regarding the latter argument, the juvenile justice policies based on the ideas of restorative justice are applying over the world, and their usefulness and effectiveness has been proven in criminal practice. The South Korea is not the exception of this phenomenon. In South Korea, reconciliation recommendation at the stage of youth court is legislated and implemented as a altenative mechanism relating to juvenile delinquency. However, in spite of it’s potential restorative, this korean restorative juvenile justice system has many problems which is needed to be solved. This article treats the french restorative juvenile justice system, especially the penal reparation which is considered as the representative restorative justice measure in France and which is most used in youth crime cases. The purpose of this study is to present distinctive features and contents of the penal mediation applied to juvenile delinquency and to propose the improvement plan of the actual korean reconciliation recommendation system in drawing the lessons from this french restorative measure. It’s legal base, scope of application, autonomy of parties with regard to participation to process, central operating body, penal mediation give us many implications on the development of our reconciliation recommendation system, although this french restorative justice system can be considered as nothing but imperfect restorative justice measure in strict sense.

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