한·일 양국의 제3차 범죄피해자 기본계획의 비교 연구

Abstract

Korea and Japan have prepared a big framework to support victims through three different iterations of a basic plan for crime victims and have achieved considerable results. The purpose of this paper is to compare and review the basic plans of the two countries to improve understanding of their bilateral system and to generate a few recommendations for the establishment of the fourth basic plan. Although the basic plans of the two countries seem similar in form and content, the practical contents and operational statuses are very different. Firstly, our analysis shows that the governments need to engage the participation of related ministries. To establish a pan-governmental comprehensive measure, the protection committee and the professional committee, like Japan, should be activated to establish itself as part of the national strategy. In particular, it is necessary to strengthen the role of the police who are the first to encounter the victims. Secondly, to address the damages effectively, it is necessary to refer to Japan's compensation order system, victim compensation system, and recovery payment system. Thirdly, it is necessary to review the introduction of the system of victim participation into criminal trials. Japan's system of victim participation was highly controversial at the time of its introduction, but is now considered to have been settled, and it is necessary to refer to its current state of operation. Fourthly, to provide welfare support to the victims, the role of local governments should be strengthened. It is necessary to benchmark Japan's ordinances, plans, and specific activities. Lastly, the development of expertise through the long-term work of related employees is a basic element in the establishment of basic plan. It is this researcher's wish that both countries will establish and implement an original fourth basic plan suitable for the circumstances of each country through various exchanges and communications.