지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
History of law showed that there was a legal mechanism to help mediation between a victim and an offender (criminal mediation)in an ancient society for the purpose of encouraging settlement while discouraging self-sought relief on offender even far before law was divided into two categories; criminal law and civil law.
As the criminal mediation was more cost- and time-effective to maintain the peace and security of society than settling conflict or dispute through trial it was widely respected. In the past, crime was understood as harmful activities against an individual and compensation for damages that the victim suffered was prioritized.
With amendment in Crime Victim Protection Act, in 2005, Korean legal system provides legal grounds for criminal mediation between victims and offenders out of court. The criminal mediation is a new system in Korea where the criminal justice is strictly interpreted and applied to cases. In fact, a dispute resolution system (so-called “private-settlement- Sahwa”) was already implemented to help parties of criminal cases to negotiate or settle out of court. Unfortunately, there are few documents about the dispute resolution system in the past and little research has been conducted. The NAISAI system of the Edo period in Japan provides insights into how an ancient criminal mediation system was implemented before institutional system was clearly divided into criminal and civil laws. Given that the criminal mediation system in Japan was also called as ‘Sahwa’, same as in Joseon, helpful would be looking into the Japanese system to understand the Korean system. It is needed to examine institutional systems and cases of other countries in Europe, the U.S or the U.K in order to help the criminal mediation system successfully take a firm root in Korea, but understanding our own mediation system in the past should be done first.
목차
등록된 정보가 없습니다.
참고문헌 (50)
참고문헌 신청
?田加?子 / 1987 / ??と公事宿, In 日本の社?史第5? 裁判と規範 / 岩波書店
Christie, N / 1977 / Conflicts an Property / The British Journal of Criminology 17
Howard Zehr / 2002 / The Little Book of Restorative Justice : 47 ~ 50
Shapland, J / 1988 / Victims and the Criminal Justice System, In From Crime Policy to Victim Policy / The Macmillan Press LTD
中田薰 / 1943 / 法制史論集, 第三?下 / 岩波書店
Christie, N / 1977 / Conflicts an Property / The British Journal of Criminology 17
Howard Zehr / 2002 / The Little Book of Restorative Justice : 47 ~ 50
Shapland, J / 1988 / Victims and the Criminal Justice System, In From Crime Policy to Victim Policy / The Macmillan Press LTD
中田薰 / 1943 / 法制史論集, 第三?下 / 岩波書店
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