범죄피해자 구조제도의 문제점과 개선방안

Abstract

The great increase in injuries and death caused by violent and sophisticated forms of crime is a social phenomenon afflicting the current era of information explosion, globalization and individualism. In Korea, discussion on the protection of and restitution for victims of crime and providing aid for such victims led to the introduction in January 1981 of restitution order provisions for direct material damages and medical expenses due to criminal acts subject to the Act on Special Cases concerning Expedient Legal Proceedings (Act No. 3361). The Korean Constitution was amended in 1987 for the ninth time to include a provision stipulating that the right of a criminal victim to seek aid is one of the basic human rights (Article 30). On November 28, 1987, the Crime Victim Aid Act (Act No. 3969) was enacted, subsequently amended by the Crime Victim Protection Act (2005). Methods for protecting and providing necessary assistance to victims of crime were further introduced by the enactment of the Crime Victim Protection Fund Act in 2010. Despite such developments, the criminal justice system in Korea has been criticized for its insufficiency in providing aid for or supporting crime victims; many point out that it puts too much weight on upholding the rights of the accused. The purpose of this study is to suggest improvements in the victim support system by identifying the legal basis of victim aid programs and methods to address their shortcomings. This study aims to evaluate the very nature of the responsibility to aid victims of crime in relation to the legal and institutional status of the victim support system and provide policy directions so that relevant legal instruments can be amended accordingly. One of the ways to improve the victim support system in Korea is to establish a viable system where the rights of the victim are optimally ensured by fully restituting the victim for both economic and noneconomic damages and compensating for future losses. In addition, the victim support system provided under the Constitution must be understood as a form of legal reservation with an effect of creating fundamental rights. The system is not a mere statement of legislative policy, and thus the National Assembly must undertake bona fide fulfillment of its obligation for the requisite supplementary law–making for supporting victims of crime. To expand the scope of application of the victim support system and improve existing victim aid programs, Article 10 of the Korean Constitution, by which human dignity and values are guaranteed for all citizens and all have the right to pursue happiness, must be taken into consideration. As Article 34 of the Constitution stipulates that all citizens are entitled to a life worthy of a human being, the state has the duty to endeavor to facilitate social security and welfare, and citizens deemed not capable of earning a livelihood due to physical disability, disease or other reason shall be protected by the state. The understanding that the aforementioned provisions specify inviolable fundamental rights can form the basis for inducing nationwide support for further improving the existing victim support systems under Korean law.