학교폭력 대응방안으로서 회복적 소년사법 실험연구 (I)

This pilot project was planned to run for three years, in order to establish Family Conferencing(FC) as part of justice as an alternative or diversionary process for addressing school bullying, to elaborate a Training Manual for Family Conferencing(FC) Practitioners which provide and guidelines within the context of broader youth justice framework, and to evaluate its effectiveness and its adaptability for managing school violence and bullying problems in schools, furthermore the potential possibility for dealing with young offender who have commit the crimes. Family Group Conferencing(FGC) Model was first developed in New Zealand, and accepted into their Child and Family legislation in 1989. FGC is now being used in the field of child protection in sites in many parts of the world including Australia, the United Kingdom, the United States of America, the Netherlands, Israel, Hungary, the Nordic countries and Canada. With each application of the New Zealand model, there have been some variations in how the procedures are finally executed. In developing a framework for this Korean FC Project, there has been an effort to both attempt to integrate the learnings from other projcets, but also to grow a project which matches the unique profile of the our community. In 2006, it's first three years, the research focuses on the following four subjects. Firstly, the report contains the analysis about the state-of-the-art on school violence and the limits and pitfalls in the current policies and government strategies dealing with bullying problems in school, and discusses what should be done and changed to improve the effective responding and to enhance early interventions within the juvenile justice procedures. Secondly, the report identifies the needs on justice system(or services) of five interested parties groups(teachers, victims, victims' families, offenders, and offenders' families) affected by school violence through the self-reported questionnaire and the depth-interviews, and to suggest the importance of change into justice as practices possible to meet the needs of the interested parties. Thirdly, the paper provides a comprehensive overview of most recent restorative justice and programs developed in the several western jurisdictions supporting FC model as a effective means to resolve the conflicts among victims, offenders and their families. Finally, the report test for FC model's usefulness as a methodology which better enables the participants to have high levels satisfactions and positive feelings with process and outcome, greater likelihood of successful restitution completion by the offender with admitting the responsibility of wrongdoing, and to evaluate the findings and the complements for amending FC procedures more effective, particularly by a pilot study through role plays based on four different senarios that specialize in FC process dealing with school violence. In sum, the final results of this report support the importance of justice paradigm as principles for dealing with school bullying, and demonstrate the adaptability of FC model as a effective measure and work best for school violence from the findings on a pilot study in 2006. Family Conferencing is a very recent response to youth offending including school violence. Although other jurisdictions have implemented conferencing programs, each legislation is unique depending on socio-cultural contexts. For these reasons, procedures and guidelines on our FC model suggested in this report should be subjected to amendment and evaluation in the next years.

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