범죄피해자 구조금 지금요건과 절차 개선방안 -미국의 범죄피해자 보상정책관의 비교를 중심으로-
A Study on the Eligibility Requirements and the Process of the Korean Victim Compensation - focusing on comparing Korean victim compensation policy with that of U.S. -
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Korean government revised the Crime Victim Protection Act and established the Compensation Funding Act newly in 2010 as well to facilitate victim assistance much more. It must be a significant progressive step for the development of Korean victim policy. In spite of that, there are still a few weak points in the eligibility requirements and application process of the Korean victim compensation system as it is following. Firstly, Korean compensation program have taken the 'payers of last resort' policy for a long time. In some cases, however, victim is likely to be in the troublesome situation because of the shortfall of money due to the policy. Therefore, this policy should be changed into more flexible mechanism to response effectively to the victim's needs. Secondly, the compensation program seems to be restricted within the only basic financial aid which is not enough for victim's recovery. It could make the victims be frustrated if they would not find no way to get the additional money enough for paying various tangible or nontangible costs resulted from criminal act. Thirdly, Korean compensation system has the rigid requirements of the eligibility with not paying compensation to the domestic violence victim. It is contrasted to the policy of U.S. which has allowed to receive the grants through examining the each cases even when the crime occurs in the intimate relationship. Fourthly, there is no exception rule regarding the valid application periods of the application process in Korea. Therefore, if the victims misses the chance to claim to the compensation committee within the given periods, their applications shall be refused by the officers. But the abused child and sexually assaulted woman should be given the chance to claim regardless of the time restriction. Lastly, the victim should be given information regarding the compensation system by police, prosecutors and various service providers who work for them at the initial response stage. These suggestions, if they shall be put into practice, could make the victim compensation system much more solid and contribute to enhance the victim's recovery.
Abstract
Korean government revised the Crime Victim Protection Act and established the Compensation Funding Act newly in 2010 as well to facilitate victim assistance much more. It must be a significant progressive step for the development of Korean victim policy. In spite of that, there are still a few weak points in the eligibility requirements and application process of the Korean victim compensation system as it is following. Firstly, Korean compensation program have taken the 'payers of last resort' policy for a long time. In some cases, however, victim is likely to be in the troublesome situation because of the shortfall of money due to the policy. Therefore, this policy should be changed into more flexible mechanism to response effectively to the victim's needs. Secondly, the compensation program seems to be restricted within the only basic financial aid which is not enough for victim's recovery. It could make the victims be frustrated if they would not find no way to get the additional money enough for paying various tangible or nontangible costs resulted from criminal act. Thirdly, Korean compensation system has the rigid requirements of the eligibility with not paying compensation to the domestic violence victim. It is contrasted to the policy of U.S. which has allowed to receive the grants through examining the each cases even when the crime occurs in the intimate relationship. Fourthly, there is no exception rule regarding the valid application periods of the application process in Korea. Therefore, if the victims misses the chance to claim to the compensation committee within the given periods, their applications shall be refused by the officers. But the abused child and sexually assaulted woman should be given the chance to claim regardless of the time restriction. Lastly, the victim should be given information regarding the compensation system by police, prosecutors and various service providers who work for them at the initial response stage. These suggestions, if they shall be put into practice, could make the victim compensation system much more solid and contribute to enhance the victim's recovery.
참고문헌 (26)
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