• Title/Summary/Keyword: Restorative Justice

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A Study on the Criminal Justice Rehabilitation System of Sweden (스웨덴 법무보호복지제도 연구)

  • Kwon, Joon-Sung;Gong, Jung-Sik;Hyun, Mun-Jung
    • The Journal of the Korea Contents Association
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    • v.22 no.10
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    • pp.506-514
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    • 2022
  • The method of suppressing recidivism through punishment centered on punishment is showing limitations through criminal policy research in many countries. As an alternative to this, a restorative judicial law aimed at returning criminals to members of society through reconciliation and coordination of community members, victims, and perpetrators is emerging as a paradigm for crime prevention and recidivism. Sweden is a representative welfare state and is confirming positive effects through correction of criminals based on restorative justice. In addition, it has a stable system related to the legal protection welfare system, and maintains a low recidivism rate and social security through scientific and reasonable operation using evidence-based principles in the evaluation and certification process of operating programs. However, research on the legal protection system implemented in advanced welfare and correctional countries, including Sweden, is still insufficient in Korea. Therefore, this study aims to explore the direction of the domestic legal protection system through a review of Swedish criminal policy and legal protection system, and to identify insufficient areas and complementary points of the domestic system to lay the foundation for improving the domestic legal protection welfare system and expanding business.

The Possibility of Forgiving Among Serious Juvenile Offenders in Correctional Facilities (교정시설에 수용된 소년범의 교정 처우에서 '용서하기'의 가능성에 대한 고찰)

  • Ji, Wongeun
    • Korean Journal of Forensic Psychology
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    • v.13 no.1
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    • pp.53-74
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    • 2022
  • This article aims to explore the possibility of forgiving among serious juvenile offenders placed in correctional facilities, as an alternative to current correctional approaches. The definition, characteristics, and misconceptions of forgiveness were outlined, and the two major models of forgiveness were introduced. The differences between the two concepts of forgiveness in psychological literature and in restorative justice were addressed. Based on the prior studies on the prevalence of adverse childhood experiences in serious juvenile delinquents and a recent forgiveness project conducted in a maximum-security prison, it was argued that it would be possible for a small number of serious juvenile offenders in correctional facilities to forgive someone who did injustice in the past, which would result in an improvement in the outcomes of correctional education and treatment. Some limitations of this article and the need of further studies were pointed out as well.

Archives and Discourse (국가기록혁신과 기록담론)

  • Lee, Young-nam
    • The Korean Journal of Archival Studies
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    • no.56
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    • pp.49-80
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    • 2018
  • Archives Innovations have been generalized by the legislative system since 1999 in Korea. Although the legislative system is necessary to develop national archives system, it seems to be true in most situations or for most people. This study argued that it may not be completely true in all cases. And this study aimed discourse for more discussions about archives.

Effects of Restorative Family Circles on People with Mental Illness and Their Families (정신질환자와 가족을 위한 회복적 가족서클 프로그램의 효과)

  • Kim, Hyo Kyung;Kim, Hyun-Jeong;Nam, Kyoung A
    • Journal of Korean Public Health Nursing
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    • v.37 no.1
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    • pp.111-124
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    • 2023
  • Purpose: This study aimed to investigate the effects of restorative family circles (RFCs) on empowerment and family support for people with mental illness, and the belief system and caring experience of their families. Methods: This study used a quasi-experiment with a non-equivalent control group pretest-posttest non-synchronized design. Ninety-two dyads of patient-family caregivers were recruited using convenience sampling and assigned to the experimental and control groups. The subjects of the experimental group participated in RFCs consisting of eight 90-minute sessions. Data were collected at three different times (pretest, posttest, follow-up test) and analyzed for the effects of RFC using the 𝑥2 test, Fisher's exact test, Mann-Whitney U test for homogeneity between groups, and generalized estimating equation models. Results: The findings of this study showed that there were significant differences in the family support for people with mental illness between the pretest and follow-up test, and also in the belief system and caring experience of the family between the pretest and posttest. Conclusion: This study revealed that family interventions based on restorative justice emphasizing community-driven conflict management could be used in psychiatric mental health nursing care for fostering a cohesive family relationship.

The Study on the Comprehensiveness of Medical Appraisal (의료감정(鑑定)에 있어 포괄성에 대한 고찰)

  • Yoon, Sung Chul
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.239-262
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    • 2014
  • The conventional medical appraisal which was done in the process of medical lawsuit was requested from the court to the designated hospital and was delivered as a pattern of one question and one answer in each. However, the comprehensiveness of medical appraisal which was pursued, for example, in Korea Medical Dispute Mediation and Arbitration Agency, could be guaranteed in terms of in-depth medical analysis as well as the broader capacity of the causality estimation besides. The comprehensiveness of appraisal would also include how well organized hospital system of medical care is and how well correlated job system among medical staffs, when medical dispute was happened at the hospital. This comprehensiveness will exert a big contribution on making a demonstrative medical care to prevent from the medical dispute and it could achieve the national plan of building the patient safety net which is effective in restoring the worsened quality of contemporary medical service. Therefore, the comprehensiveness of medical appraisal has to be designed to go forward interdisciplinary fused speciality rather than one division of medicine, which is also aiming at the reliable and consistent appraisal with the supreme dignity from one window. In addition to that, the objective and concrete frame of comprehensive appraisal under the computed connection has to be deliberated to make itself possible in collaboration with positive participation of medical community. The comprehensiveness of medical appraisal would serve to expand not only the capacity of speciality but also the ability of influence on a restorative justice, so that it give effect to an increased number of mediation and arbitration rather than medical lawsuit as well as a decreased number of the social cost and social conflict.

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The awareness and coping of human suffering in the "PTSD era": Searching for an alternative paradigm of trauma recovery ('PTSD 시대'의 고통 인식과 대응: 외상 회복의 대안 패러다임 모색)

  • Choi, Hyunjung
    • Korean Journal of Cognitive Science
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    • v.26 no.2
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    • pp.167-207
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    • 2015
  • This study focused on the awareness and coping methods of psychological trauma and human suffering in the contemporary era after the development of posttraumatic stress disorder(PTSD) including the situations in the Korean society, and proposed principles for an alternative paradigm of trauma recovery. Trauma is defined as an 'external' stress causing chronic suffering mediated by memory, and the American Psychiatric Association approved PTSD in the Diagnostic and Statistical Manual of Mental Disorders in 1980. The development of PTSD empowered moral legitimacy to the victims, opened a successful way to treatment, and accomplished explosive amount of research in the area of neurobiology and cognitive neuroscience. However, this also narrowed the understanding of human suffering, and the importance of an alternative coping method which overcomes the limitations of technical intervention became overlooked. Moreover, the Korean society has an underlying mechanism of replacing the matter of trauma to a problem of an individual. This is shown among the historical context of splitting and denial, and among medicalized bureaucracy. Trauma should be acknowledged as a social suffering, and searching for an alternative paradigm is in need. This study suggested the following principles; seeking for truth and justice, survivor as the agent of recovery emphasizing the responsibility of the community, ecological adaptations of recent bio-psychological achievements, and finally putting emphasis on continuous discussions about the definition of recovery.

Improvements about Problem of Criminal Mediation System (형사조정제도의 문제점에 대한 개선방안)

  • Park, Jong-Ryeol
    • The Journal of the Korea Contents Association
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    • v.16 no.6
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    • pp.550-562
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    • 2016
  • Criminal Mediation System in Korea, it did pilot operation by Crime Victim Support Centers such as Daejeon and other two District Prosecutors' Office in April 2006. And starting 2007, Crime Victim Support Centers and Criminal Mediation System conducted from 57 District Attorney's Office and Branch Offices and now 2016, Criminal Mediation System is operated in all the District Attorney's Office. On the other hand, the Attorney General's Office established the 'Criminal mediation practical operating instructions' in October 2009 and created its legal basis at "Crime Victims Protection Act" in September 2010. It seems that the criminal mediation have to operate as the direction for supporting crime victims recovery. However, it seems that the overall infrastructure of the criminal mediation system is built. But I have experienced this through G Attorney's Office as a Criminal mediator activity from 2007 to 2016 now, some issues have emerged such as weak on personal safety in criminal mediation room, etc. Thus, in this paper, I will examine the problems about this and propose improvements of criminal mediation system to fit the practical criminal mediation.

A Study on the Alternative Dispute Resolution in America (미국의 재판외 분쟁해결제도)

  • 김태한
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.181-209
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    • 2004
  • This Study is divided into 5 separate Parts and an Abstract. Part Ⅰ, Ⅱ consist mostly of a collection of problems, current status, motives and the future of ADR. In Pert Ⅲ was described ADR as policies of judicial settlements. We must accept that a diversity of legal culture will always continue to exist. Accordingly we must learn to accommodate those differences of 'culture' around us and to harmonize conflicting laws. This recognition of our reality should in no way be confused with pessimism. In fact if one accepts this perspective of the world ,the study of law seems enriched and becomes academically more challenging. Recently, in the United States, interest in alternative settlement mechanism has increased greatly, which leads me to wonder why such a phenomenon has taken place. In the first place, I'm amazed at the extent to which conciliation or mediation-or the new word, I guess, is alternative dispute resolution, which by now has its own acronym, "A.D.R,"-have gained attention here recently. When 35 years ago, there was virtually no interest in conciliation in this country at the time. What interest there was, was no in the law schools. But looking at the situation now, we have a spate of publications on the subject; we have organizations that are established for no other reason than to promote alternative dispute settlement. We have courses in the law schools. The American Association of Law Schools and the American Bar Association also have active programs. So we have to ask ourselves why. The difference between now and 35 years are striking. On the other hand, I think the interest of the public in ADR has probably been greatly enhanced by the politics of the so-called "poverty programs." I think that many of these assistance programs for the poor-and I do think the "poor" have become a rather expansive political movement beyond simply taking care of the most marginal people of society-have generated money to explore this kind of dispute resolution.

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Meaning of Memory in Archival Activism (기억의 기록학적 의미와 실천)

  • Seol, Moon-won
    • The Korean Journal of Archival Studies
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    • no.67
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    • pp.267-318
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    • 2021
  • The purpose of this study is to analyze how the "memory approach" has affected archival methodology and activities, and suggest the directions of archival activities in each field. Although there have been many discussions on the memories and collective memories in Archival Studies, it is necessary to analyze them more practically from the viewpoint of archival activism. In this study, the memory approaches in archival discourse are classified into four categories in terms of archival activism; i) the role of archives as social memory organizations, ii) the memory struggle for finding out the truth of the past, iii) archival activities of restorative justice for people who suffer from trauma memories after social disasters and human rights violations, and iv) the memory process of communities' archiving for strengthening community identities. The meaning and issues are analyzed for each category, and the practice based on archival expertise and political and social practices are examined together as necessary competencies for archival activism.