가정폭력에 대한 회복적 사법의 접근

• 영문명: Restorative Justice and Domestic Violence
• 발행기관: 한국형사정책학회
• 저자명: 김재희(Kim, Zaehee)
• 간행물 정보: 『형사정책』刑事政策 第28卷 第3號, 211~236쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.12.30

영문 초록

The universal perception of domestic violence was that the instead of intervention of law, the family members should solve it among themselves. However, the idea that the police should respond to domestic violence passively has changed so that the police should respond active for the protection of the victims. Because of the facts that domestic violence is more continuous, repetitive, and concealing than other types of violence and children exposed to domestic violence inherit the violent tendency, domestic violence not only requires countermeasures on the violence itself, but also, cares for the victims along with the domestic violence offender. Together with such social perception changes, there are studies actively being conducted to establish countermeasures in the academic world as well. On the other hand, reinforcing criminal penalty on domestic violence may lead to breakup of family. These problems also bring concerns of encouraging the victim to conceal the crime in order to continue the marriage, in the danger of continued violence. Consequently, the victim continues to live with the offender; this leads to the continued exposure of danger, and may end up in a dilemma of threatening the victim’s safety. In order to prevent breakups of families and resolve conflicts between offenders and victims from the limitations of criminal justice, the restorative justice should be carefully applied to domestic violence. This study points out the limited problems of criminal justice while perceiving domestic violence as social issues, not domestic issues anymore, and seeks a plan to prevent family breakups and eradicate domestic violence by utilizing the advantages of restoration and healing of restorative justice as an alternative plan.

목차

Ⅰ. 들어가는 글

Ⅱ. 가정폭력사건에 대한 현행 법적대응

Ⅲ. 가정폭력사건에 대한 회복적사법 도입의 검토

Ⅳ. 형사사법 단계별 회복적 사법의 대응 구상

Ⅴ. 나오는 글

키워드

가정폭력 가정폭력의 개념 회복적 사법 상담위탁보호처분 형사제재 피해자보호 보호관찰 domestic violence the idea of domestic violence restorative justice the management of protective disposition of consultation criminal sanction,victim protection order probation