For the fact that autonomous settlement between the parties of the juvenile case is available, the basis for execution of restorative jurisdiction has been established and is being implemented. Currently, however, the judge leads the ‘compromise rec ...
For the fact that autonomous settlement between the parties of the juvenile case is available, the basis for execution of restorative jurisdiction has been established and is being implemented. Currently, however, the judge leads the ‘compromise recommendation system’ therefore autonomy in the jurisdiction is reduced a lot and this may not coincide with the genuine objective of conflict settlement. As a result, procedural problems, including regulation and time, cursory operation of the system, lack of experts and procedural burden are being caused. In this light, this study has been conducted for an empirical evaluation, analysis and review of the effectiveness of the ‘compromise recommendation system’ for effective operation of the principles of the restorative jurisdiction in the juvenile judicial system. Further, the procedural manual and effective adjustment method have been proposed in this article. In addition, this study has been also conducted for development and application of reunion program model for settlement of the relation between the victim and assailant, which has been broken due to criminal. For the objective of this study, the research for year 1 has been the empirical evaluation analysis on the ‘compromise recommendation system’ for the juvenile cases. For this, firstly, theory, domestic and foreign programs related to juvenile policies, restorative jurisdiction and the ‘compromise recommendation system’ have been reviewed. Secondly, the current status of juvenile ‘compromise recommendation system’ has been analyzed as well as participant observation for the ‘compromise recommendation meeting’ has been executed. Finally, a model(proposal) for reunion of victim and assailant has been developed. In the research for year 2, an integrated program model for materialization of the idea of restorative jurisdiction has been developed based on the results from an empirical study on the subjects of the juvenile ‘compromise recommendation system’. The model for stepwise procedure has been established as a ‘compromise recommendation system’ program model, which is customized for Korea, based on the model, which is extended to three levels: preparation for compromise recommendation, meeting for compromise recommendation (expression of emotion→mutual understanding(apologize)→ mutual agreement for execution plan for recovery of damage and relation) and activities after the meeting for compromise recommendation. Furthermore, demonstrative application and monitoring of the reunion program have been executed as well as the effectiveness of the developed model has been verified through investigation of the evaluations and opinions of the participants of the program as well as the members of the committee of compromise recommendation.