일본의 범죄피해자 형사절차 참여제도 - 피해자참가제도의 주요 내용과 운영 현황을 중심으로 -

Abstract

The 1987 Constitution of South Korea guarantees the right of crime victims to provide statements as a fundamental right under Article 27, Paragraph 5. In order to safeguard constitutional rights, the legislative process introduced Article 294-2 (Right to Statement of Victims, etc.) in the Criminal Procedure Act in 1987, and in 2005, the Crime Victims Protection Act was enacted under Article 8, ensuring participation in cri minal proceedings and other protections. Subsequent amendments to the Criminal Procedure Act in 2007 led to achievements such as expanding the scope of those who make statements in court, reducing grounds for excluding statements, and specifying statement contents. However, the general consensus is that the status of victims has yet to extend to be ing the subject or party in criminal proceedings. Furthermore, consideri ng legislative examples from foreign countries, it is acknowledged that there are shortcomings, particularly in the inability of victims to partici pate in criminal proceedings as parties to the case. Therefore, there is an urgent need for legislative efforts to introduce a victim participation system, allowing crime victims to participate in criminal proceedings as parties to the case. In South Korea, there have been instances where proposed amendments to the Criminal Procedure Act, focusing on victim participation, were su bmitted to the National Assembly as government bills in July 2011. Ho wever, these proposals were not thoroughly discussed and were ultimat ely discarded due to the expiration of each term. This study aims to e xamine the provisions of the 2011 government bill, which used the Jap anese victim participation system as a model, in detail by clause and e xplore insights for establishing a system that allows crime victims to p articipate in criminal proceedings as parties to the case by examining t he recent operational status of the victim participation system.