피해자 신변보호 제도 개선에 대한 경찰관의 인식 연구

Abstract

In recognition of crime victims’ rights in criminal proceedings, various laws and policies have been established and implemented to protect victims' rights. Despite the implementation of such laws and policies, retaliatory crimes against victims that attract social attention have continuously occurred, and this, in turn, raises questions about the effectiveness of laws and policies. One of the various alternatives that can be suggested for effective victim protection is to block the offender's physical access to the victim. The purpose of this study is to analyze the perception of police officers on extending several measures used to protect domestic violence victims to other types of crime and on stipulating ‘concern for harm to victims’ as a reason for detention. As a result, although there was a difference in officers' responses based on their work experience, the majority of police officers replied that the victim's opinion and 'concern about harm to victims and important witnesses' should be considered in the process of applying for a detention warrant. The results also confirmed that the majority of the officer had a positive attitude toward legislating 'possible harm to victims and important witnesses' as an independent reason for detention. In addition, it was found that measures such as restraining orders under the current law are not effective in sufficiently protecting victims, and they recognize the need to expand to other crimes. Therefore, this study proposes to include reasons, such as 'possible harm victims', for detention under the Criminal Procedure Act to prevent retaliatory crimes and secure the effectiveness of victim protection measures.