소년사법절차에 관한 연구 -소년경찰의 다이버전을 중심으로-

Abstract

This study focuses on the police diversion of juvenile offenders, such as release with a warning and guidance and protection measures that can be considered to be an earlier stage of the juvenile justice system. In practice, the police are the authority which faces the juvenile offender for the first time in the course of the juvenile justice against him/her, and is capable of making swift and precise factual judgments. As such, it is deemed more desirable for the police to attempt to divert juveniles whom it determines to have shown minor delinquent behaviors, than to commence formal criminal proceedings against juvenile offenders. The police diversion is the most efficient measure to help families,schools and local communities prevent juvenile delinquency with the least amount of resources available. The legal basis of such police diversion can be provided by adding specific and clear provisions to the current relevant laws and regulations on juvenile. Family conference can realize the concept of restoration in juvenile criminal law and vitalize the juvenile justice system with the advantage of using close family ties, which is the fundamental nature of Korean culture. Family has been heavily emphasized in the studies for juvenile delinquency because it is agreed that family takes a fundamentally important role in the adolescence of a juvenile and it is also regarded as the most important reason for development of juvenile delinquency. Furthermore, in order to promote specialization of the prosecution of juvenile crimes, an exclusive juvenile court needs to be established, because the juvenile justice procedure,unlike the general criminal procedure, essentially requires cultivation of specialists and experts in the field. Currently, Korea does not have such exclusive juvenile court and all juvenile cases are being handled by the Juvenile Departments of Seoul Family Court and other regional courts. Considering the distinct characteristics of juvenile crimes and the efficiency of the juvenile justice system in dealing with juvenile crimes, it would be desirable to establish a juvenile court that exclusively handles all juvenile cases.