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경찰관의 범죄피해자 인권보호 의식에 관한 연구

A Study on the Police Officers’ Consciousness Regarding the Protection of Crime Victims’ Human Rights

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초록

Every effort such as institutional reform and legislation for victims’ human rights does not always ensure the completeness of securing their rights in the field of the criminal justice area. It is just because there are still various stereotypes and old fashioned practices toward victims. The criminal justice authorities have still tendency of considering the victims as just a tool for collecting evidence in the criminal process. Compared to the human rights of the accused and the suspect, that of the victims’ has been often ignored by police in addition to the other criminal justice officials even in present times. Therefore, the level of the consciousness of police regarding victims’ human rights should be examined and made sure to the public through the empirical research. It might help to make a contribution to improving the victim policies more progressively if the result of the research would give the motive to meet the global standard for victims’ human rights. With this reason, this author makes a attempt to perform the empirical research by measuring the level of the consciousness through analyzing the meaning of the result of the answers which were collected through the questionnaire. To carry out this research successfully, the direct or indirect indicators which could measure the level of the consciousness are extracted from the context of “Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power”of U.N. and “Summary of Victims’ Rights in the Process of Criminal Justice” of the E.U. and Korean present victim policies. These indicators have also characteristics as valuables for this study. This kind of empirical research would enable the public to perceive the gab between the ideal of the victim policies and the real consciousness of the police so that it could make an impact on designing and improving the victim policies more properly.

Abstract

Every effort such as institutional reform and legislation for victims’ human rights does not always ensure the completeness of securing their rights in the field of the criminal justice area. It is just because there are still various stereotypes and old fashioned practices toward victims. The criminal justice authorities have still tendency of considering the victims as just a tool for collecting evidence in the criminal process. Compared to the human rights of the accused and the suspect, that of the victims’ has been often ignored by police in addition to the other criminal justice officials even in present times. Therefore, the level of the consciousness of police regarding victims’ human rights should be examined and made sure to the public through the empirical research. It might help to make a contribution to improving the victim policies more progressively if the result of the research would give the motive to meet the global standard for victims’ human rights. With this reason, this author makes a attempt to perform the empirical research by measuring the level of the consciousness through analyzing the meaning of the result of the answers which were collected through the questionnaire. To carry out this research successfully, the direct or indirect indicators which could measure the level of the consciousness are extracted from the context of “Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power”of U.N. and “Summary of Victims’ Rights in the Process of Criminal Justice” of the E.U. and Korean present victim policies. These indicators have also characteristics as valuables for this study. This kind of empirical research would enable the public to perceive the gab between the ideal of the victim policies and the real consciousness of the police so that it could make an impact on designing and improving the victim policies more properly.

참고문헌 (14)

  1. 경찰관서 인권상황 평가지표 개발 연구, "국가인권위원회", ~ (2007)
  2. 김재민, "‘범죄피해자 인권보호를 위한 국제협약’ 초안의 내용분석과 그 시사점 고찰 - UN의 ‘범죄피해자 인권보호선언’과의 비교를 중심으로 -", 경찰법연구, 8(2), pp.192~216 (2010), 한국경찰법학회
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  4. 김철수, "헌법학개론" (2004), 박영사
  5. 경제범죄에 대한 수사경찰의 의식에 관한 연구, "박우현", ~ (1997)
  6. 외국의 범죄피해자 인권, "법무부 인권국", ~ (2009)
  7. 이정수, "수사경찰관의 의식에 관한 연구", 형사정책연구, 2(1) (1991)
  8. 장복희, "국제법상 범죄피해자의 인권보호", 법조, 58(10), pp.34~63 (2009), 법조협회
  9. 조균석, "형사사법에 있어 범죄피해자대책의 현황과 과제", 법학논집, 14(3), pp.179~207 (2010), 법학연구소
  10. 허일태, "살인범죄피해자의 인권현실과 그 보장방안", 형사정책, 21(1), pp.371~398 (2009), 한국형사정책학회
  11. Clark, Roger S., "The United Nations Crime Prevention and Criminal Justice Program" (1995), University of Pennsylvania Press
  12. Dussich, John P. J., "Raising the Global Standards for Victims : The Proposed Convention on Justice for Victims of Crime and Abuse of Power", Appendix 3, TIVI (2008)
  13. Genugten, Willem van, "Loopholes, Risks and Ambivalences in International Lawmaking ; The Case of a Framework Convention on Victims' Rights, Victimiztion in a multidisciplinary key : Recent Advances in Victimology" (2009), Wolf Legal Pub
  14. What is victimology?, "Kirchhoff, Gerd F.", Tokiwa International Victimology Institute, ~ (2005)

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