Recently, the level of school violence has reached such a serious level as not only to bringing about physical and psychological pain but even as to causing suicidal thoughts. In the past, school violence usually occurred by a single offender. But typ...
Recently, the level of school violence has reached such a serious level as not only to bringing about physical and psychological pain but even as to causing suicidal thoughts. In the past, school violence usually occurred by a single offender. But types of violence have been diversified. Also the age of offender is becoming younger, violence becomes more brutal. As such, school violence has resurfaced as huge social problems. Despite many programs such as the initiatives for education in order to prevent school violence instituted by the Department of Justice and, the harms engendered by school violence is increasing rather than reducing.
Most students spend a lot of time in school, so the largest problem of school violence is that the problem greatly affects the psychology, behavior, and emotional development of students including not only those who suffer directly but also those who suffer indirectly by witnessing school violence.
Most incidents of school violence are dealt with by school authorities in the form of punishing the perpetrating students. When retaliatory violence occurs, therefore, more serious damage can be wrought upon the victim. Therefore, new measures such as restorative justice centering on both the perpetrators as well as the victims are needed. In this regard, diversion appears an effective tool in terms of avoiding the potential stigma that may be brought on to the perpetrators. To be specific, police diversion which takes place in the early stages of the criminal justice process appears most effective compared with other diversions.
However, in the case of Korea, there is no clear legislative basis about police diversion. So several problems may arise. Even though this police diversion which has no legal basis is recognized in practice, accepting it in a restrictive fashion can be considered as the norm. For example, limiting its application to cases involving minor juvenile delinquency seems appropriate,while the conventional criminal justice process deals with more serious delinquency and crimes.
Especially, juvenile delinquents who are freed after admonition needs effective education programs to prevent recidivism. To do this, at least solving the problems about activation and substantiality of prevention measures for the juvenile delinquent is needed. Then, this thesis discusses the expansion and creation of police permissions. To do this, the requirements of police diversion and legislative action which can make sure the target are needed. About the legal basis, in case of the police diversion which can be recognized in business, even though it can be recognized by the principle of legality it has the limits so, legislative action should be forced. For this legislative action, reactive and proactive control is required to prevent arbitrary abuse of police diversion, Increasing the effect of police diversion by enabling the participation of experts in each steps and removing the problems can release the concerns and distrust of police diversion. Also, it can create an environmental foundation for the legislation of police diversion.
The investigative agencies should not only investigate the crime, find and punish the criminals but also consider that they protect the public safety as social security agencies to prevent school violence.
Ultimately, protecting human rights of the student by all school violence, and activation of diversion by investigation agency can protect and treat school violence effectively and can make an amicable agreement between perpetrator and victim. Due to these things, it needs to use and encourage aggressively. Especially, at the criminal justice case by school violence, pay attention to diversion rather than stick to existing traditional criminal justice process, must have the attitude for the activation of division with the change in understanding that the reformation and edification for the perpetrators of school violence is not only the role of only correctional facility but also entrusted to all criminal justice agencies. The common goal of all criminal justice agencies such as police, prosecutors, and correctional institutions is reduce the school violence, protect the rights of the offender and victim by school violence and pursuing legal definitions. And when they try to share the activation plan of diversion by investigation agency, all mission of criminal justice agency will be accomplished effectively.