영국의 범죄피해자구조제도 : 법제도적 시사점

Abstract

The criminal injuries compensation scheme of the UK has narrow scope of application in appearance but has wide scope of compensation in quality covering all of areas of criminal injuries relief system of Korea. Laws in Korea shall rely upon tariff in detail and high level of compensation that are desirable legislation. From comparative point of view, significant differences between the laws of the UK and Korea are as follows. First, laws in Korea regulate three compensations, that is to say, bereaved family relief fund, disability relief fund and serious injury relief fund: On the other hand, laws in the UK regulate eight compensations to have much wide scope of compensation, that is to say, injury payments, loss of earnings payments, special expenses payments, bereavement payments, child’s payments, dependency payments, funeral payments, and certain other payments in fatal cases. Second, laws in Korea regulate kinship, provoke to commit crime, and other reasons of exclusion of payment, while the ones in the UK have wide payment conditions and narrow reasons of exclusion of payment. Third, the ones who are paid compensation in Korea are limited to citizen of Republic of Korea, and foreign nationals are paid compensation subject to mutual guarantee of their country. But in the UK, citizens and their family members of the UK, EU and treaty-making countries are paid compensation of the injuries. Last, it’s not allowed to be paid 3 kinds of compensations in overlap in Korea, while the ones in the UK are allowed to be paid 8 kinds of compensations in overlap depending upon their meeting requirements for each compensations. It may be most important for crime victims to make actual and enough compensation. Careful benchmarking of criminal injuries compensation system of the UK will be needed based on advantage of individual compensation for multiple bereaved family members, consideration for number of dependents in bereaved family and period of being supported in calculating dependency payments, possibility of being paid compensations in overlap etc.