형사조정제도의 바람직한 시행을 위한 범죄피해자보호법 개선안 (The Improvement of Crime Victim Protection Act to Conduct Desirably the Criminal Mediation)

서지정보

· 발행기관 : 한국형사법학회
· 수록지 정보 : 형사법연구 / 23권 / 1호 / 365 ~ 382페이지
· 저자명 : 정도희

초록

To regulate the existing criminal mediation in Crime Victim Protection Act is encouraging.
In the past the criminal mediation was enforced without a legal basis. The basis is first specified in the Act in 2010. But the Act need to be improved because of several defects of it.
First, there is the problem of the criminal mediation agency and mediatior. Someone argue that the mediation agency does not take a neutral attitude. I think that the mediation should carried out in the victim support center as in the past, because the impact of prosecution on the mediation is huge. Someone also argue that mediators are not specialist and not fit to be a criminal mediators. Therefore the training for qualification improvement is needed. Second, the case should be remitted to the mediation by victim and offender's autonomous application as their participation should be guaranteed. Third, the condition for mediation should be improved. The madiator, victim and offender should have enough time to mediate the case. Forth,the modification of terms is needed, because the victim is not included in the "Party" of the criminal procedure. Therefore the term, "Party" should be changed for "Victim and Offender". Ultimately the regulation of criminal mediation should be stated in the Criminal Procedure Code. The criminal mediation is the institution in the criminal procedure. Therefore the legal basis of criminal mediation also should eventually exist in the Criminal Procedure Code as Crime Victim Protection Act.

영어초록

To regulate the existing criminal mediation in Crime Victim Protection Act is encouraging.
In the past the criminal mediation was enforced without a legal basis. The basis is first specified in the Act in 2010. But the Act need to be improved because of several defects of it.
First, there is the problem of the criminal mediation agency and mediatior. Someone argue that the mediation agency does not take a neutral attitude. I think that the mediation should carried out in the victim support center as in the past, because the impact of prosecution on the mediation is huge. Someone also argue that mediators are not specialist and not fit to be a criminal mediators. Therefore the training for qualification improvement is needed. Second, the case should be remitted to the mediation by victim and offender's autonomous application as their participation should be guaranteed. Third, the condition for mediation should be improved. The madiator, victim and offender should have enough time to mediate the case. Forth,the modification of terms is needed, because the victim is not included in the "Party" of the criminal procedure. Therefore the term, "Party" should be changed for "Victim and Offender". Ultimately the regulation of criminal mediation should be stated in the Criminal Procedure Code. The criminal mediation is the institution in the criminal procedure. Therefore the legal basis of criminal mediation also should eventually exist in the Criminal Procedure Code as Crime Victim Protection Act.

참고자료

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