일본의 범죄피해자구조제도 :정책적·법적 시사점

Abstract

Problems of our legal systems and proposed measures for improvement that have been discovered as a result of examining the systems of both Japan and Korea using a comparative method can be cited as in the following: First, the differentiation in the amount of relief fund with regard to the income gap should be reduced. A good model can be the Japanese example where a table has been prepared for appropriate amounts as classified by age group and income level. Second, differentiation is necessary for the relief fund that is being provided in accordance with the number of bereaved family members who have been making their living with the income of the victim subject to relief. Taking an increase in the amount level of the current relief fund as a prerequisite, it is thought that the number of dependent family members should be taken into consideration like in the case of Japan. Third, in the aspect of materializing the function of a relief fund, it seems to be necessary to adjust the multiples that determine the relief fund amount. Fourth, modification in the mode of providing preferential treatment to minors and seniors is necessary. It is thought to be desirable not to take the 'over 19 or below 60' of age as a factor for limiting relief fund payment but to take the 'below 19 of over 60' as a basis for increasing the relief fund. Finally, with regard to the payment criteria for serious injury relief fund, such a question is raised as for the problem that conventional practices in the medical community are not being taken into account. In the future, the requirements of treatment period should be alleviated and also the current criteria should be modified in accordance with the criteria in the practical site.