형사소송법상 범죄피해자 정보보호관련 규정의 개선방안

Abstract

These days, the crime victim's active participation in criminal procedure largely had affirmative functions, and it produced problems. An example was retaliatory crime against the crime victim and witness. With reference to retaliatory crime, the Criminal Procedure Act, the Act on Protection of the Reporter of Specific Crimes had various kinds of means that could protect safety of crime victim, and possible additional damage still existed, and retaliatory crime actually increased. To keep safety of the crime victim, possible exposure of the crime victim should be lessened as much as possible. In other words, information protection of the crime victim could actually protect crime victim to require needs and appropriateness of the crime victim. However, current regulations of information protection of the crime victim had some of special laws at limited areas, and the Criminal Procedure Act had some of regulations that had a little relation with information of the crime victim. This paper examined improvement of current legal system of information protection of the crime victim, and suggested reformation and improvement of regulations of the Criminal Procedure Act. The paper examined values of information protection of the crime victim (II), legal improvement of not only special law and the Criminal Procedure Act of information protection of the crime victim (III), and improvement of the Criminal Procedure Act for information protection of the crime victim (IV). Current legal system of information protection of the crime victim was focused on passive information protection. The criminal procedure should have right to informational self-determination to control flow of his or her information, for which system should be reformed to give claim right that could be active to control flow of his or her information.