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A Study on Restorative Policing - focusing on the Illegality and Responsibility Issues related to Restorative Policing -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2020, 8(3), pp.251-279
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : July 27, 2020
  • Accepted : August 25, 2020
  • Published : August 31, 2020

MoonKwi KIM 1

1호서대학교

Candidate

ABSTRACT

In 2019, the South Korean National Police Agency established a plan to promote restorative policing. And, as a concrete action program, ‘restorative dialogue' was piloted. From the first half of 2020, the program has been gradually expanded to national police departments, accelerating the establishment and institutionalization of restorative policing. If restorative policing in South Korea are successfully settled and institutionalized, it is expected to act as an alternative conflict resolution paradigm and practice in the community at the police level in the future. However, there are many challenges to be solved in order to successfully introduce and institutionalize restorative policing in South Korea. These include changing the perceptions of police officers based on traditional police activities centered on retribution and punishment, securing manpower and resources necessary for operating the system, forming consensus inside and outside the police, cooperating with other judicial and administrative agencies, and enacting legislation. This study aims to address the legal controversy that may or may not have been raised around the current restorative policing as a problem related to the formation of consensus inside and outside the police regarding restorative policing. This controversy is mainly related to the illegality of police officers' mediation efforts in criminal cases and conflicts through restorative policing, and thus the responsibility of police officers. That is, controversy is that the restorative intervention of the police is a violation of the principle of non-interference in civil relations, or violation of Attorneys-at-Law Act. Due to concerns about criminal and disciplinary responsibilities due to such legal controversy among field police officers, they can take a passive attitude toward the operation of the system, which can be a barrier to the stable introduction and development of restorative police activities. In this study the content of these legal controversies will be reviewed and a response logic will be presented.

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