범죄피해자의 정신적ㆍ신체적 피해의 치료 및 예방에 관한 정부시책의 비교 연구 - 한ㆍ일 양국의 「범죄피해자기본법」과 「범죄피해자 보호ㆍ지원에 관한 기본계획」상의 내용을 중심으로 -

Abstract

Every crime victim suffers from various damages, such as physical harm, mental harm, and financial harm. To make matters worse, they would get secondary victimization in the course of the criminal procedure through the unpleasant experiences being blamed or alienated by police officers, prosecutors, and judges. Finally, a lot of crime victims are likely to be revictimized in that process. Many countries have attempted to solve these victim problems. Both Korea and Japan are also making every efforts to find and establish proper victim policies which can support and protect victims effectively. Among many victim policies, it is particularly urgent to develop healing and preventing policies of mental and physical harm because, not developed enough, victims would be easily fallen into painful situations. As a result of that, victims are more likely to be revictimized. Nevertheless, healthcare and welfare services for preventing victim's physical and mental harm are not sufficient until now in Korea. With this reason, both Korea and Japan have enacted the “Basic Act of Crime Victims(BACV)” and the “Basic Plan for Crime Victims(BPCV)”. The BPCV is based on the BACV. The BACV and BPCV of both countries are very similar, but some of the policies are different from each other. For preventing and healing the physical and mental harm, both countries are taking a lot of measures, especially to secure the personal safety, prevent the secondary victimization, and promote the level of medical and social welfare services. Compared to the Korean victims policies, Japanese policies are characterized by having more concrete rules for the enhancement of healthcare and welfare service systems for female and juvenile victims. Thus, the Korean government should try to adopt the good aspects of the Japanese victim policies.