본문 바로가기
  • Home
Basic Search

A Study on Establishment of Roles and Functions of Court-Appointed Assistant System on Juvenile Justice Cases - Focusing on the Survey of Awareness of Court-Appointed Assistant -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2019, 7(4), pp.155-181
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Published : November 30, 2019

Park, Ho-hyun 1,  Yoon Hyun-seok 1

1원광대학교

Candidate

ABSTRACT

The purpose of this study is to reconstruct the role and function of the Court-Appointed Assistant by identifying the operational status of the Court-Appointed Assistant system in the juvenile protection case and deducing problems and improvement plans through an empirical evaluation of the Court-Appointed Assistant system under the juvenile law. For this purpose, we surveyed 63 national assistants of Seoul, Gwangju, Incheon, Jeonju, and Suwon Family Courts. First, the stability of the interview site was mostly evaluated positively, but the satisfaction of the counseling facilities was negative. Second, the important factors influencing the opinion of assistants were crime-related matters, criminal history, boy's attitude of statement, possibility of re-crime, and whether or not to make an agreement with victim. Third, there was a high degree of confidence in the judgment of their own assistants or whether their opinions were reflected in the judge's final decision. Fourth, it was found that they wanted education such as adolescent psychology and counseling skills, and the case of national assistants who did not participate in education was due to the lack of education program and lack of time. Lastly, it was found that the types and facilities of disposition in the Court-Appointed Assistant system were insufficient and lacked, and the limitation of the current juvenile justice system itself and the expansion of court budget support were needed. Based on the above results, first, strengthening field education, such as sharing network and experience among Court-Appointed Assistant assistants, second, preparing institutional devices to specialize the qualifications of Court-Appointed Assistants with knowledge and experience of boys' characteristics and juvenile justice, and third, Court-Appointed Assistant assistants Fourth, the government proposed to diversify disposal facilities and improve the current juvenile justice system in order to expand the budget for the system and to prepare guidelines for efficient operation. This study has limitations in generalizing the research results by surveying only the national aids of five districts including the Seoul Family Court, and does not analyze the actual status of the socio-demographic variables (by gender, occupation, region, etc.). I couldn't. In the follow-up study, we conducted a nationwide study and an evaluation analysis according to demographic sociological variables of the Court-Appointed Assistant. In addition, we conducted further research on awareness of the Court-Appointed Assistant and Court-Appointed Assistant system for boys who are parties to the Court-Appointed Assistant. The role and function of the Court-Appointed Assistant should be established in the case.

Statistics

  • 411 Viewed
  • 208 Downloaded

Tools

Issue List

Citation status

* References for papers published after 2023 are currently being built.

This paper was written with support from the National Research Foundation of Korea.
Basic Search Advanced Search