Study On Restorative Juvenile Justice Reform In South Korea

With the development of The Times,the social environment is constantly changing,and the juvenile delinquency also presents new characteristics.The renewal of the international juvenile justice concept also puts forward new requirements to the juvenile justice system in South Korea.The model of juvenile justice has changed from the traditional penalty model and welfare model to the restorative juvenile justice model.It turns its perspective to the three main bodies of victimizing the youth,the victim and the community to reflect the dialogue and recovery effect.It can more reasonably protect and deal with non-delinquents,and help them to return to society healthily.The needs of victims and loss recovery should be taken into account in the juvenile justice process,and the community should be placed in juvenile justice as non-environmental influencers and non-delinquent offenders,so as to realize the restorative justice effect of juvenile justice.Restorative juvenile justice can choose juvenile justice procedure more appropriately,so as to achieve the goal of preventing crime,recovering loss and returning to society.Based on the reform process of restorative juvenile justice in South Korea,this paper studies the embryonic stage,introduction stage,exploration and reflection stage of restorative juvenile justice in South Korea.By analyzing the background and reasons of the restorative juvenile justice reform in South Korea at each stage,the problems to be solved,the corresponding reform measures and the vision of the future reform plan,this paper Outlines the development of the restorative juvenile justice reform in South Korea.At the same time,the representative restorative juvenile justice model and specific measures in South Korea are introduced.And the problems in the reform and the evaluation of reform measures are also included in the scope of analysis.It tries to show the characteristics and experience of restorative juvenile justice in South Korea.Before studying the reform process of restorative juvenile justice in South Korea,this paper first introduces the general situation of restorative juvenile justice in South Korea.By analyzing the three concepts of restorative justice,restorative juvenile justice and restorative juvenile justice in South Korea,this paper clarifies the specific connotation of restorative juvenile justice in South Korea.At the same time,it analyzes the relevant definition of non-delinquent juveniles as the main object of restorative juvenile justice,and explains the age range,types of non-delinquent juveniles and relevant juvenile case procedures of South Korea,so as to master the essentials of restorative juvenile justice in South Korea more macroscopically.Finally,through sorting out the legal system of juvenile law in South Korea,the overall legislative framework of juvenile law system in South Korea is presented from three classifying standards of juvenile justice,juvenile protection and welfare law and other relevant legal norms.Then,it analyzes the theoretical basis of restorative juvenile justice in South Korea,firstly elaborates the traditional concepts of juvenile justice,including the idea of state parental rights,education and juvenile protectionism.After that,it introduces the characteristics of South Korea’s juvenile justice concept and shows it through specific principles.Finally,it analyzes the theoretical basis of South Korea’s restorative juvenile justice,which lays a foundation for the concrete analysis of South Korea’s restorative juvenile justice.In the end,by studying the restorative juvenile justice in South Korea,this paper tries to show the beneficial experience and institutional characteristics of the restorative juvenile justice in South Korea,so as to provide reference for the juvenile justice reform in China.Cultural base,the two countries geopolitical approaches,on the basis of the legal system,to make the improvement in the juvenile justice system,better use for reference the experience of South Korea and avoid similar problems,so as to build a more perfect law system,enriching the content of juvenile judicial practice,and for the comprehensive construction country under the rule of law,to set up the country under the rule of law and provide some reference for the future.