This course compares conflict resolution methods based on Confucian thinking with the fundamental philosophy of restorative justice and Eastern thinking, finds similarities between the two fundamental thinking, and seeks ways to eliminate or cultivate ...
This course compares conflict resolution methods based on Confucian thinking with the fundamental philosophy of restorative justice and Eastern thinking, finds similarities between the two fundamental thinking, and seeks ways to eliminate or cultivate obstacles to recovery caused by cultural differences. Restorative justice expresses its position and needs to recover from damage. However, oriental thinking has been taboo in the expression of personal needs and adherence to position. This collectivist Eastern thinking has a great influence on resolving conflicts among internal members. On the other hand, discussions of restorative justice have already been developed in our culture, where the community has an important meaning as an agricultural society, and by confirming this, a study that introduces theoretical grounds and footholds to the criminal policy tendency to introduce restorative justice into the criminal justice paradigm.
By the way, Under most criminal sentencing guidelines, ‘an unwilling sign of punishment’ and ‘restoration efforts' are the mitigating factors for sentencing. However, in extreme cases, even if the perpetrator unilaterally made monetary damages, the court considers whether the sentence would be reduced. If an objective claim is made based solely on the defendant's point of view, this will be considered a sentencing penalty without an apology or reconciliation process. The meaning of restoration from damage is very broad and abstract. So it does not fit into the sentencing guidelines, which requires that it be a predictable and clear guideline. Excluding victims and unilateral damages are not fulfilling the responsibilities of restorative justice. Restorative Justice means “a process of resolving crimes by identifying what harm the victims have done, making them responsible for their actions, and at the same time involving the community in resolving conflicts.” Accountability and responsibility are the restorative responsibility clearly distinguishes the meaning of both. From the point of view of restorative justice, if both the offender and the victim are seen as a solution to the restoration, then the restoration from the offender's standpoint is not sufficient for the responsibility of restorative justice. Therefore, this paper explains the responsibilities of restorative responsibility and attempts to examine the implications of recovery from the perspective of the parties. Through this, I tried to suggest the basis for the restoration proposed by the sentencing guidelines to act clearly and specifically as a sentencing factor.
Based on previous studies, the meaning of the restorative judicial system, which is considered to be the most utilized in our criminal justice system, was reviewed. As it is considered one of the most representative programs for recoverive judicial affairs, the revised Criminal Procedure Act gave originality to the need to redefine the location of criminal adjustment, establish a relationship with the newly introduced recovery police activities, and develop the criminal adjustment system in the future.