언론보도에 따른 피해자의 2차 피해 구제제도와 그 개선방안

Abstract

These days, the commercialism of media being intensified, media’s crime reports are getting more incendiary and lewder. When cases of violence to target woman and child occur, the media reports on the identity of victims. And due to this, victims go through the secondary damages besides the direct damages caused by crimes. Hereupon, there are acts and systems to prevent secondary damages of victims due to the media reports. Moreover, for the remedies of secondary damages, besides the civil-criminal punishments, there are special means and procedures of relief separately in 「Act on Arbitration and Remedies, etc. for Damage Caused by Press Reports : AARDCPR」. However, it is difficult to give criminal punishment by bringing criminal accuse the mass media organizations and their workers who caused the victims’ secondary damages, and to win a civil suit against damages or to get adequate compensations even though the victims win in a suit. Even if the measures for remedy in AARDCPR are done, the victims’ recovery from secondary damages is almost impossible. Therefore, the system for preventing the victims’ secondary damages that due to the media should be strengthened and also the remedy against secondary damages which can recover from the damages by enough compensations quickly and simply should be provided. For this, above all, through the revision of AARDCPR and 「Crimes Victim Protection Act」, they should be improved to be effective systems for the remedy of victims. That is, instituting the remedies newly, also it is necessary to complement the compensations systems so that the victims can receive compensations enough. Furthermore, the current remedy means against secondary damages due to the media reports is not functioning properly because of inconvenience of procedure for its and lack of legal help means for the victims. Thus it is required to intensify the legal assistance system for the victims, especially for the women and children victims, in the remedy procedure against damages.