단계별 형사조정을 통한 피해구제 향상에 관한 연구

Abstract

The criminal mediation system involves the participation of the perpetrator, victim, and criminal mediation committee member in a certain place, and inducing an agreement after the criminal mediation committee hears the statement of the perpetrator or victim. Through criminal mediation, the perpetrator truly reflects on the crime, and the victim should be more active in that it can recover the damage caused by the crime early. The current criminal mediation is carried out once by the prosecution, and the number of requests for mediation and the rate of mediation are stagnant. As a result, the waste of investigative manpower, the increase in the court's burden of trial, and overcrowding are occurring. In addition, it is necessary to consider the agreement of the mediation parties through criminal mediation, then comply with the agreement, and do not regret it after the agreement. The purpose of the study is to present countermeasures to the problems of such a criminal mediation system. The research method is to examine the problems and contents of the criminal mediation system based on domestic and foreign research papers, to find out the concepts and procedures of the criminal mediation system through related laws, and to examine the number of criminal mediation requests and the status of mediation rates. Based on this, various problems of the current criminal mediation system are examined in detail and appropriate and practicable countermeasures are sought. As a result of the study, in order to improve the quantitative and qualitative adjustment of criminal mediation, the mediation parties and mediation committee members do not participate in the mediation place through the remote video criminal adjustment system at the police stage. Next, in the intermediate stage between the police and the prosecution, one professional criminal mediation committee member induces an agreement through e-mail, video calls, text messages, and meetings, and if the agreement is not reached, the contents are handed over to the prosecution stage. Finally, at the prosecution stage, professional criminal mediation committee members participate in the mediation place for cases of non-establishment of consensus and difficult and complex cases at the police stage to conduct face-to-face criminal mediation to induce consensus. In conclusion, step-by-step criminal mediation can first be carried out through images, so time and place limitations can be overcome, and criminal mediation committee members can be used by forming a national network to overcome the limitations of lack of expertise. However, since there should be many mediation committee members with expertise in this method, the relevant authorities should strengthen their expertise through certain education. For this, it can be implemented only when it is explicitly stipulated in the relevant laws. Next, when criminal mediation is established, most criminals do not become ex-convicts because the case is terminated by the prosecution's non-prosecution. As a result, criminals do not follow restrictions on social activities due to social stigma, so they do not proceed to recidivism. Finally, since the victim responds to the agreement after careful consideration, nothing regretful after the agreement occurs, which can be a true recovery of damage.