사회봉사명령의 특별준수사항과 원상회복

Abstract

The judge ruled that the order “efforts shall be made to restore damage caused by criminal acts”, which was a special observation of the probation, shall not be applied to those subject to community service order regarding the imposition of special observation for restoration to the original state while ordering the accused to do community service, Originally, the restorative justice by doing the restoration to its original state through community service order was considered but the restoration is limited by doing the community service order. Thus, the special observation was used as a method of restoration. However, it is controversial to enforce the content of restoration as a special observation due to the characteristics of community services. In relation to this, this study discusses the observations of community service order and investigates the possibility to adopt the restoration order scheme. First, this study identified the legal characteristics through the general reviews on the community service order and reviewed the possibility and methods to adopt the restoration scheme as an improvement measure. For special observations in the current community service order, it is necessary to develop and enforce special observations of community service order with various and effective contents because the current special observations are not matched with the characteristics of community service order. It is also desirable to specify special observations that limited the basic right of the subject directly in acts rather than in enforcement decrees. In addition, it is deemed necessary to adopt a restoration order scheme as a method to realize restorative justice. It is reasonable to introduce a restoration order as a punishment means for realistic protection of the victims while reviving punishment if the restoration order is not fulfilled in case of not fulfilling the restoration order in combination with punishment.