비행소년에 대한 경찰의 다이버전 정책에 관한 연구 = (The) study on measures of the police's diversion to juvenile's delinquencies

다국어 초록 (Multilingual Abstract)

The Korean Juvenile Law which succeeded the Youth Judiciary System since it was established in 1958 has not particularly changed in terms of treatment on juvenile offenders, whereas the new policies such as 󰡒the Police Diversion explaining that a plan under the pretext of proper guidance with no indiction at the police stage󰡓 and 󰡒Restorable Justice󰡓have been reflected in the Judiciary System in the advanced countries. They newly established󰡐a plan for suspension of indictment under the pretext of proper guidance by the public prosecutor at the stage of the Public Prosecutors󰡑Office󰡑in the revised Juvenile Law which came into force on June 22 2008, however, the opinions insisted by the experts and police that making a regulation of 󰡐the Police Diversion󰡑due to it󰡑s the most effectful method to guide the juveniles to the good behaviors and to prevent them from repeatable delinquency were consequently not reflected in the revised Juvenile Law.
Therefore, most of the minor juvenile cases without closing at the police stage are transferred to the Public Prosecutors󰡑Office and then because their offenses are almost indicted with no physical detention, the priorities to treat the juvenile cases should be postponed. And the juveniles have to comply with the summons much later the cases are transferred and have to be investigated by the prosecutors in several times. Then 68% from the juvenile offences are fallen with non-indictment and eventually it has been produced a lot of juvenile criminals.
And prolonged judicial procedures against juvenile offenders who in the growth period may cause severe negative effect to them such as giving troubles at school(67.8% from the juvenile offenders was junior and high school students in the year of 2007) or in the society, exposing them to a criminal environment easily, and labeling them by not only the society (families, friends and so forth) but also by their own will.
This phenomena is related to exceed over 30% of juveniles󰡑repeatable delinquency in Korea. Different with other countries, without taking 󰡒the Police Diversion󰡓, all juvenile offenders are transferred to the Public Prosecutors Office directly and the disposal by the prosecutors are divided in two ways, non-indictment and indictment, not to be dealt by the Juvenile Court. Therefore. the ratio of repeatable juvenile delinquency is getting higher and higher.
However, as I mentioned in this article, juveniles should be focused on protection with good guidance not to punish them for their improper behaviors and minor juvenile offenders should be treated on the control of 󰡒the Police Diversion󰡓. These are normal Juvenile judicial policies in other countries.
As a countermeasure to solve problems of the current Juvenile Justice System, it is suggested to adopt 󰡒the Police Diversion󰡓 which means a diversion from the judicial system to non-judicial system against minor juvenile offenders, but this plan is sometimes criticized that it may cause the offences take a turn for the worse with excessive generosity and was just an old fashioned plan in the advanced countries such as the US or UK in the 1970s. In the Police Diversion, the adolescence-limited delinquents are only defined to adopt to the growing minor juveniles but repeatable juvenile offenders and violent criminals are transferred to the Public Prosecutors Office as it used to be.
In the 1970s the United States, with criticism against the juvenile diversion, research for a transfer of a juvenile󰡑s case to the adult court revealed that it didn't cause an efficient restraint for violent juvenile offences in the US.
In the 20th century of England, most of the juvenile judicial procedures were based on social welfare but the juvenile procedures changed into non-tolerance based on punishment through a boy's brutal crime, and these changes have become a legal base with the Police Diversion like 󰡒A final warning from the Police󰡓.
A self-reported minor juvenile offender can be treated by the Police Diversion for 4 years in western countries. In case he or she finishes the Diversion program with non-indictment, he or she can be returned to the society successfully.
To make the juvenile offender come back to the society, it is absolutely needed to have a legal base for ？the Police Diversion？. There're two ways to regulate the special act on the juvenile offences, first, a way to provide for in the law ？the Police Diversion？ itself connected with the regulation of conditional suspension of indictment by the Public Prosecutor and second, a way of declaration, a special act designed to prevent juvenile offences and guidance in the context of special law, however, it is desirable to create legal base through declaration a special act.
Ensuring professional manpower takes part in various skillful guidance programs not only police officers, criminal psychologist, juvenile delinquency advisers and social workers with successful development for introducing ？the Police Diversion？, should be preferential basis.
In order to achieve the goal, it is suggested to connect guidance programs which run in each governmental agencies by establishing 󰡒The Juvenile Crime Prevention Center󰡓and the discretionary authority should be given to the police to guide the juvenile offenders properly and to prevent juveniles󰡑repeatable delinquent activities. We have to form the firm foundation of integrated system for juvenile guidance activities.
Most of all, not only juvenile's voluntary and positive participation into rehabilitation and guidance activities but also cooperation with the families of victims and guilty party, the police, the judicial authorities and NGO should be combined altogether.
And lastly, We have to try to help the minor juvenile offenders who have a possibility to return as a successful member of the society through the most effective Police Diversion programs.

목차 (Table of Contents)

• 제1장 서 론 = 1
• 제1절 연구의 목적 = 1
• 제2절 연구의 범위 및 방법 = 5
• 1. 연구의 범위 = 5
• 2. 연구의 방법 = 8
• 제2장 이론적 배경 = 10
• 제1절 관련 이론에 대한 논의 = 10
• 1. 사회통제이론(Social Control Theory) = 10
• 2. 낙인이론(Labeling Theory) = 13
• 3. 발달이론(Developmental Theory) = 28
• 제2절 범죄통제 관련 최근의 소년사법 동향 = 35
• 1. 균형 사법이념(Balanced Justice) = 35
• 2. 회복적 사법(Restorative Justice) = 38
• 3. 다이버전(Diversion) = 42
• 제3절 외국의 소년범 다이버전 정책 검토 = 45
• 1. 미국 = 45
• 2. 영국 = 49
• 3. 일본 = 53
• 4. 다이버전 시사점 소결 = 58
• 제3장 소년범의 실태 및 현행처우의 문제점 = 60
• 제1절 소년범의 실태 및 단계별 다이버전 = 60
• 1. 소년범의 실태 = 60
• 2. 소년범 처리절차 = 63
• 3. 형사처우 단계별 다이버전 = 67
• 제2절 소년범의 현행처우의 문제점 = 70
• 1. 단계별 선도개입 시스템 결여로 소년 전과자 양산 = 70
• 2. 기소유예 및 선도조건부 기소유예 소년 재범률 증가 = 78
• 3. 중복 조사로 인한 신속수사 및 신속재판원칙의 침해 우려 = 81
• 4. 경찰 및 검찰의 중복수사에 따른 비효율성 = 83
• 제4장 경미초범소년에 대한 경찰의 다이버전 도입 방향 = 86
• 제1절 관련 법률의 정비 = 87
• 1. 현행「소년법」의 개정 = 88
• 2. 「경미초범소년에 대한 경찰 다이버전법(안)」제정의 제안 = 94
• 제2절 경미초범소년 경찰 다이버전 시범운영 시사점 = 107
• 1. 경찰단계 다이버전 시범운영 = 107
• 2. 경찰단계 회복적 사법 이념 구현 = 114
• 제3절 소년범에 대한 선도시스템 구축 및 내실화 = 121
• 1. 선도시스템의 구축 = 121
• 2. 선도시스템의 내실화 = 133
• 제5장 결론 = 139
• 참고문헌 = 144
• ABSTRACT = 155