‘범죄피해자 인권보호를 위한 국제협약’ 초안의 내용분석과 그 시사점 고찰 - UN의 ‘범죄피해자 인권보호선언’과의 비교를 중심으로 -
Analysing the Context of the Convention for Victims of Crime and Considering on a Few Suggestions. - focusing on comparing the Convention with the UN Declaration -
0
조회
0
다운로드
4
인용
0
참고문헌
키워드
초록
The 1985 UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power(“The Declaration") has been the basis of all recent international protocols on victims' rights. It contains various clauses which is necessary for the victims protection such as the information offering,compassionate attitude, proper assistance, personal safety and compensation. However, establishing the draft of the Convention on Justice for Victims of Crime and Abuse of Power("the Convention") was not avoidable because the Declaration is not binding to the membership countries. There are a few different aspects between the Convention and the Declaration, especially in the legal characteristics, the special concern for the vulnerable victims, the prevention of victimization, the provision of information, the restorative justice and the monitoring and implementation system. In Korea, some victim policies written on the Convention have been already implementing by judicial authorities such as police, prosecutor and court. Nevertheless,there are still some areas to be improved for the effective victim protection. As a result of that, some suggestions could be proposed as it is following ; Firstly, judicial authorities should try to pay more attention to the vulnerable victims. Secondly,relating to the adoption of the restorative justice system, victims' interest should be taken into consideration. Thirdly, the victims rights for appealing a decision not to prosecute should be secured for the practical victims' recovery. Fourthly, Victim Compensation Fund is to be amplified. Lastly, the induction of a public defender system should be propelled for victims' sake.
Abstract
The 1985 UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power(“The Declaration") has been the basis of all recent international protocols on victims' rights. It contains various clauses which is necessary for the victims protection such as the information offering,compassionate attitude, proper assistance, personal safety and compensation. However, establishing the draft of the Convention on Justice for Victims of Crime and Abuse of Power("the Convention") was not avoidable because the Declaration is not binding to the membership countries. There are a few different aspects between the Convention and the Declaration, especially in the legal characteristics, the special concern for the vulnerable victims, the prevention of victimization, the provision of information, the restorative justice and the monitoring and implementation system. In Korea, some victim policies written on the Convention have been already implementing by judicial authorities such as police, prosecutor and court. Nevertheless,there are still some areas to be improved for the effective victim protection. As a result of that, some suggestions could be proposed as it is following ; Firstly, judicial authorities should try to pay more attention to the vulnerable victims. Secondly,relating to the adoption of the restorative justice system, victims' interest should be taken into consideration. Thirdly, the victims rights for appealing a decision not to prosecute should be secured for the practical victims' recovery. Fourthly, Victim Compensation Fund is to be amplified. Lastly, the induction of a public defender system should be propelled for victims' sake.
참고문헌 (27)
- 경찰청, "범죄피해자 매뉴얼", ~ (2007)
- 김용세, "회복적 사법과 형사화해" (2009), 진원사
- 김재민, "장애인 피해자에 대한 경찰의 진술증거 수집에 관한 연구", 경찰학연구, 10(2), pp.69~95 (2010), 경찰대학
- 대한범죄학회, "소년범 선도정책 추진을 위한 한ㆍ미ㆍ영ㆍ일 공동 세미나 자료집" (2007)
- 박병식, "범죄피해자의 인권" (2007), 동국대학교 출판부
- 박정택, "국제행정학" (1998), 대영문화사
- 법무부, "“개정 성폭력법 시행에 따른 아동 인권보호를 위한 새로운 형사절차방식의 모색”, 세미나 자료집" (2004)
- 배종대, "형사소송법" (2004), 홍문사
- 신동운, "간추린 형사소송법" (2007), 법문사
- 신동운 역, "입문 일본 형사수속법" (2003), 법문사
- 양건, "국제인권법" (2001), 교육과학사
- 유병화, "국제법Ⅰ" (1998), 민영사
- 정인섭, "국제인권조약집" (2000), 사람생각
- 고소제도에 관한 연구, "형사정책연구원", ~ (1998)
- Allison Morris, "Restorative Justice in New Zealand : Family Group Conference as a Case Study" (2003), WILLAN Pub.
- Dame Helen Reeves, "New developments in policies and services for victims in Europe : An introduction to Council of Europe Recommendation" (2006), Wolf Legal Pub.
- Daniel W. Van Ness, "Creating Restorative Systems, Restorative Justice and the Law" (2002), WILLAN Pub.
- Gerd F. Kirchhoff, "The Function of UN Instruments and the Path Towards Success, Raising the Global Standards for Victims : The Proposed Convention on Justice for Victims of Crime and Abuse of Power" (2008), TIVI
- John P. J. Dussich, "Raising the Global Standards for Victims : The Proposed Convention on Justice for Victims of Crime and Abuse of Power" (2008), TIVI
- Laura J. Moriarty, "Policing and Victims" (2002), Prentice Hall
- Marc Groenhuijsen, "Current Status of the Convention on Justice for Victims of Crime and Abuse of Power, The Function of UN Instruments and the Path Towards Success, Raising the Global Standards for Victims : The Proposed Convention on Justice for Victims of Crime and Abuse of Power", ~ (2008)
- Woodard Meyers, "Policing and Sexuall Assault, Policing and Victims", pp.62~62 (2002), Prentice Hall
- Janet R. Hutchinson, "Police Involvement in Child Maltreatment, Policing and Victims" (2002), Prentice Hall
- William G. Doerner, "Victimology" (2002), Anderson Pub. Co.
- Willem van Genugten, "Risks and Ambivalences in International Lawmaking ; The Case of a Framework Convention on Victims' Rights, Victimiztion in a multidisciplinary key : Recent Advances in Victimology" (2009), Wolf Legal Pub.