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A Comparative Study on Penal Mediation of the South Korea and the France

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2018, 6(2), pp.27-54
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

MoonKwi KIM 1

1호서대학교

Candidate

ABSTRACT

This article compares and analyzes, from a critical point of view, South Korean penal mediation and French penal mediation which are presented as a representative penal measure containing elements of restorative justice. The careful examination of the penal mediation of the two countries, which tends to be part of the restorative philosophy, shows that, as far as practice is concerned, these two countries have similar problems in the restorative perspective. Oriented by the intentions of the judicial institution, the penal mediation in South Korea and France is very difficult to realize as an authentically restorative measure in the respect of its values ​​and rich of its potentialities. The consequences of this domination of the judicial institution on criminal mediation in these two countries are reflected in its implementation and are revealed through several examples. To overcome this impasse in the field of penal mediation and to integrate and evolve it, as a real measure of restorative justice, within the penal system of these two countries, the current practice of criminal mediation in South Korea and France should be restructured in accordance with the principles and objectives of the restorative justice, that restrictions be lifted, and that shortcomings be filled by obstructing the development of criminal mediation towards a promising penal response South Korea and France.

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