형사사법에서 갈등 관리에 관한 법사회학적 고찰 - 329 - ❙Abstract❙ Managing Conflicts in the Criminal Justice System - A Socio-Legal Approach -* 149)150) Jin Kim** The criminal justice system is often perceived as a mechanism for resolving conflicts. However, the criminal justice system fails to recognize conflict as a distinct phenomenon and instead equates it with crime. In reality, conflict is a dynamic social process shaped by ongoing relationships and interactions, rather than isolated incidents. The evolution of conflict within interpersonal relationships is influenced by complex cognitive and emotional factors, which may result in either constructive or destructive trajectories depending on how the conflict is dealt with. Given that the criminal justice system addresses various types of conflicts—including those leading to crime, resulting from crime, and emerging during criminal proceedings—it bears a practical duty to adopt the conflict-management perspective, treating conflicts in a manner consistent with their inherent nature in order to prevent their escalation or transformation into further crime. The current criminal justice system does not adequately address the underlying attributes and dynamics of conflict. As a result, conflicts are frequently treated superficially, which can exacerbate conflicts rather than resolve them at a fundamental level. This approach often leads to the marginalization of the parties involved. The conflict management approach overcomes these limitations by enabling the constructive expression and appropriate management of conflict, thereby realizing its positive functions rather than merely suppressing it. Adopting this conflict management perspective allows individuals and society to move * 여기서 “Socio-Legal”이라는 표현은 특정 연구 경향, 즉 영국에서 주로 법정책의 도구로서 법사회학을 이 해하는 사회적 법학(socio-legal studies)을 지칭하는 것이 아니며, 법과 사회의 상호작용을 연구하는 법 사회학적 접근 일반을 의미한다. 참고로, 영국의 사회적 법학에 관해서는 양건, 앞의 책, 27~28면; 이철 우, “사회과학으로서 법사회학”, 현대 법사회학의 흐름, 세창출판사(2017), 29~30면 참조. ** Associate Professor, Kyung Hee University Law School, Ph. D.
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