범죄피해자구조금의 회수를 위한 구상권행사 제도의 개선방안

Abstract

Crime victim aid system is legalized in 「Crime Victim Protection Act」. This is an act that gives shape to Art. 30 of 「Constitution of the Republic of Korea」 : “Citizens who have suffered bodily injury or death due to criminal acts of others may receive aid from the State under the conditions as prescribed by Act”. Especially, as the condition to pay the aid fund is relaxed and the range of the aid fund payment is expanded up to the death, and every disability and secure injury caused by crime by the general revision of 「Crime Victim Protection Act」 in 2010, the application of crime victim aid fund by crime victims increased sharply. Therefore, the amount of crime victim aid fund which is payed to victims also increased drastically. Due to this, it is operated in a way that parts(6%) of the money which is get from the fine enforcement is used as crime victim protection fund. However, because this protection fund can be changed with the total amount of the fine, this protection fund is in a unstable condition. Thus, to provide economical support to criminal victims effectively, an establishment of system for securing the stable financial resources of this protection fund is required and on the other hand, with the purpose of the collection of the crime victim aid fund which was already payed, the necessity of the exercise of the right to indemnity toward a perpetrator is also increasing. But, in periods of between in 2011 and in the first half of 2013, the money which the nation was planned to collect from perpetrators by the exercise of the right to indemnity was nothing but 10%(1.5 billion won) of the budget drawn to crime victim protection fund(around 15 billion won). Hence, in this paper, after considering the necessity and the legal basis of the exercise of the right to indemnity toward a perpetrator, I examined its problems and suggested rational improvements to resolve them. The specific improvements I suggested are as follows: the establishment of the independent organization for the exercise the right to indemnity and the securement of professional staffs, the making of the regulations and the manual for works as to the exercise of the right to indemnity, the preparation of the prior measures for achieving effectiveness of the exercise of the right to indemnity, the nation’s active endeavor to exercise the right to indemnity, the reinforcement of the cooperation among the authorities which is related to works about the exercise of the right to indemnity and the supplementation of the legislation as to the collection of crime victim aid fund etc.