국외범죄피해자의 국가구조에 관한 이론적 고찰

Abstract

This study attempts to consider a theoretical rationale for justifying state rescue of criminal victims from historical and constitutional standpoints of crime victims' rescue system in order to confirm the rationale for the state rescue for crime victims of Korean nationals abroad. The clearest and most reliable research approach for this issue is to evaluate the historical significance of demands for the system. In order to monitor the social demands for the establishment of the crime victims' rescue system, this study considers whether the Constitution protects the right to claim for aid of criminal victims by crime victims of Korean nationals abroad, after examining the historical significance of the establishment of the crime victims's rescue system and the induction of the Article 30 of the South Korea's Constitution, and criticizing the judgment of the Constitutional Court of Korea based on the examination. Shedding light on the historical significance of the creation of the crime victims' rescue system and the induction of the Article 30 of the South Korea's Constitution, it is appropriate to see that the theory of social security lays groundwork for the crime victims' rescue system in South Korea, in that the crime victims' rescue system is the one established on request of the state rescue system for crime victims in addition needed to aid the victims suffering from the criminal acts committed by unidentified assailants or non-competence. Based on the fact that the nature of the right to claim for aid of criminal victims is based on the theory of social security, a crime victim in disastrous agony becomes the subject of the state crime victim rescue system regardless of the location of crime occurrence. By the same token, crime victims of Korean nationals abroad ought to be the subjects of the state crime victim rescue system. Therefore, it concludes that the exclusion of crime victims of Korean nationals abroad from fundamental right to claim for aid of criminal victims is in violation of the South Korea's Constitution.