경찰의 소년범 다이버전 정책에 관한 고찰 - 회복적 사법 이념의 반영 가능성을 중심으로 - (A study on the police diversion policy in juvenile crime - focusing on the possibility of applying the restorative justice ideology to the diversion -)

서지정보

· 발행기관 : 한국소년정책학회
· 수록지 정보 : 소년보호연구 / 15권 / 219 ~ 252페이지
· 저자명 : 김재민

초록

Police, as the gate-keeper of criminal justice, could deal with various juvenile crimes in the field. In those cases, it is very critical how police would response to the young offenders because police decision may give a life-long negative impact on them. That is just why the police diversion should be introspected in the course of treating juvenile crimes.
Recently, Korean Police Agency has introduced a few diversion policy into juvenile justice system such as ‘Professional Involvement System’,‘Conditional Booking System’ and ‘Family Group Conferencing’ in the phase of police response against young offenders. These systems are closely related with the restorative justice.
The growing concern for restorative justice in recent years reflect a dissatisfaction with the traditional criminal justice. To prevent not only young offenders from committing a second offense but also victims from suffering revictimization, the ideology of restorative justice should be reflected on the juvenile justice. Police organization should try to induce the procedural ideology of restorative justice into his juvenile diversion system, such as Inclusion, Balance of interest, Voluntary practices,Problem solving orientation.
Additionally, for the development of police diversion policy, a few suggestions as it is following should be realized : Firstly, the legal ground of police diversion must be established. Secondly, the professionals and local community groups should participate actively in the police diversion program. Thirdly, the diversion program should be managed by the police who has the balancing and respectful attitude toward all partners.

영어초록

Police, as the gate-keeper of criminal justice, could deal with various juvenile crimes in the field. In those cases, it is very critical how police would response to the young offenders because police decision may give a life-long negative impact on them. That is just why the police diversion should be introspected in the course of treating juvenile crimes.
Recently, Korean Police Agency has introduced a few diversion policy into juvenile justice system such as ‘Professional Involvement System’,‘Conditional Booking System’ and ‘Family Group Conferencing’ in the phase of police response against young offenders. These systems are closely related with the restorative justice.
The growing concern for restorative justice in recent years reflect a dissatisfaction with the traditional criminal justice. To prevent not only young offenders from committing a second offense but also victims from suffering revictimization, the ideology of restorative justice should be reflected on the juvenile justice. Police organization should try to induce the procedural ideology of restorative justice into his juvenile diversion system, such as Inclusion, Balance of interest, Voluntary practices,Problem solving orientation.
Additionally, for the development of police diversion policy, a few suggestions as it is following should be realized : Firstly, the legal ground of police diversion must be established. Secondly, the professionals and local community groups should participate actively in the police diversion program. Thirdly, the diversion program should be managed by the police who has the balancing and respectful attitude toward all partners.

참고자료

· 없음