수사기관의 정보비공개결정에 대한 피해자의 불복수단

Abstract

Crime victims should be regarded, protected and granted certain rights or legal positions in the criminal proceeding. Most of all, it would be important that crime victims should be provided with the information of their cases at the stage of criminal investigation. Therefore, Criminal Procedure Act stipulates that a prosecutor shall, promptly upon receiving an application from victims, notify the victims of whether the indictment has been instituted for the crime, the time and place of trial, the result of trial, and the fact about detention such as whether the criminal suspect or the criminal defendant is detained or released. And Crime Victim Protection Act is putting the similar provision. One the other hand, the investigational information, if disclosed, is feared to infringe of the secrets or rights to individual privacy and do harm the safety of life or body, or the serenity of life of an interested person in a case, and carries a reasonable probability of making it difficult to perform duties or infringing of the rights of any criminal defendant to stand a fair trial. At present, when a victim is dissatisfied with a decision made by investigation agency in connection with information disclosure, he may raise an objection. And he may file an administrative appeal under the conditions as proscribed by the Administrative Appeal Act or file for an administrative hearing under the conditions as proscribed by the Administrative Litigation Act. However, the administrative appeal methods as in the above have several problems that are originated from the nature of information disclosure or the limit of the administrative litigation. Therefore, this study suggests the Quasi-Complaint that victims may file an application for revocation of or alteration to the disposition with the competent court corresponding with the investigation agency.