범죄피해자에 대한 권리고지 방식과 이해도에 관한 실증적 연구- 가정폭력을 중심으로 -

Abstract

Since April 16th 2015, the Protection Act of Crime Victim makes it necessary to provide victims of crime information about their rights, protection and aid in criminal procedure. Thus, this study empirically analysed, mainly based on domestic violence cases, the right notification method and the subsequent actual understanding of victims. * Jeju west police station, Hallym Uni student of P.h.D. ** Professor, Hallym university The analysis was initiated within a time range from February 1st 2015 to March 31st, with 99 of 114 domestic violence victims, occurred in JeJu West Police Station, who consented to the survey via phone about their personal experience of the right notification method by police and their actual understanding of the given information. The survey question consisted of a 7-point-system from “very inappropriate(1point)" to “very appropriate(7points)" for the adequacy of the right notification method and for the level of understanding of the received notification also a 7-point-system from “incomprehensible(1point)" to “perfectly understood (7points)". According to the analysis, more than 60% of the victims received a notification document as well as verbal explanation of their rights, however 26% of the victims answered that the police were handling the notification act as a mere formality. 62% of the victims answered that the explanation of their rights took from 1 minute to less than 5 minutes. The main factor that effected the overall understanding was the form of the right notification method and the time the police invested in to explain. It was confirmed that with written documents of the rights and actual verbal explanation led to a rise of understanding level of the victims. Meanwhile, the academic level or age of the victims appeared to have no big relevance with the ability to understand their rights, which confirms the duty to concentrate on the method the judicial authority uses to provide information of rights to victims.