개정 형사소송법상 피해자보호규정의 평가와 개선방향 (The Problem and Improvement of Victim Protection in the New Criminal Procedure Law)

서지정보

· 발행기관 : 한국비교형사법학회
· 수록지 정보 : 비교형사법연구 / 10권 / 2호 / 145 ~ 170페이지
· 저자명 : 이승준

초록

Criminal proceedings in our country are conducted with a confrontation between the suspect and the accused. This is being done to impose reasonable restrictions on the nation’s penal power and safeguard the rights of the accused.
With the recent recognition of the importance of protecting the victims of crimes, though, arguments in favor of a victim-centered criminal procedure, aimed at strengthening the legal rights of the crime victims, have been formulated and propounded.
Though there is currently no law on the human rights of crime victims in our county, the recently initiated efforts at clarifying and declaring the victim’s rights may act as catalyst for legislation, and may thus pave the way for more substantial truths to be revealed in this regard.
In June 2007, by the extensive reform of Korean Criminal Procedure Law, the elements of American criminal justice system were intensified, eg adver- sary system, direct examination and oral proceedings etc. Moreover protec- tion of the right of suspects, defendants and victims has been reinforced.
But it is not enough for protecting the victim and restoring his injury. For example. the victim has no right to express his view in the prosecution and investigation. When the defendant and the victim differ in opinion on the committed crime, we don’t find a solution in the law. Therefore, we must revise the law that the victim would have the right to participate in the criminal procedure.

영어초록

Criminal proceedings in our country are conducted with a confrontation between the suspect and the accused. This is being done to impose reasonable restrictions on the nation’s penal power and safeguard the rights of the accused.
With the recent recognition of the importance of protecting the victims of crimes, though, arguments in favor of a victim-centered criminal procedure, aimed at strengthening the legal rights of the crime victims, have been formulated and propounded.
Though there is currently no law on the human rights of crime victims in our county, the recently initiated efforts at clarifying and declaring the victim’s rights may act as catalyst for legislation, and may thus pave the way for more substantial truths to be revealed in this regard.
In June 2007, by the extensive reform of Korean Criminal Procedure Law, the elements of American criminal justice system were intensified, eg adver- sary system, direct examination and oral proceedings etc. Moreover protec- tion of the right of suspects, defendants and victims has been reinforced.
But it is not enough for protecting the victim and restoring his injury. For example. the victim has no right to express his view in the prosecution and investigation. When the defendant and the victim differ in opinion on the committed crime, we don’t find a solution in the law. Therefore, we must revise the law that the victim would have the right to participate in the criminal procedure.

참고자료

· 없음