형사조정제도의 실효성 확보방안 연구

A Study of the Criminal Arbitration on the Plan for Effectiveness

Recently, as the discussions on the victimology and the theory of replevin from various angles and viewpoints, are getting more lively, various countries legalize the criminal reconciliation and arbitration through the revision of the criminal law. In our country also the problems of the private arbitrations of the criminal case have been noticed and in 1990s the interest on the private law for replevin and victimology was getting higher. From the first day of 2007, "Criminal Arbitration" has been named and activated nationally. This act mainly prevents the abuse of law suits and also leads to the reduction of the works of the prosecutors in dealing with civil and criminal law cases. It works as follows: the parties involved refer the case to the civilian committee, "the Center of the Aide for the Criminal Victims" that consists of local personnels, to peacefully arbitrate the struggles. However the problem is lacking in the regulations for the criminal arbitration and in its theoretical ground. Also having done as a customary program deviating from its original intention and goal, the following problems are raised in its effectiveness: the problem of publicity and reliability of the constitution and formation for the criminal arbitration committee, of violation of the appropriate procedure, of the legal judgement on the actual result of arbitration, of violation of the equality right, of the protection of the personal right and information, of the principle of assuming innocence. Therefore this study attempts to ensure its effectiveness through securing the right position of "the criminal arbitration" by way of improving its organization and formation from the institutional and legal aspects.