공직자 부패 문제에 대한 피해자학적 접근
An Approach to the Public Official Corruption with the View of Victimology
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The public official corruption is not a new issue. It was prevailing more or less in all societies, continuing and present at all levels of the public service. Nevertheless, we should not take the phenomenon for granted. Instead, the suitable victim policy should be established to protect the victim from the public official corruption. Therefore, it would be beneficial for the victim protection if we could search for the possibility of the victimity or victimization resulted from the official's corruptive behaviour because it has been usually hidden from our sight with the non-visiblity or low-visiblity characteristics. The genuine victims who have the traits of 'victimity', are those who can be protected by the law. Contrastively, some victims are just in the desired state without the legal protection. Victimology, however,should have concern on both of them. The victimization could happen in various aspects, such as of targeting against the individual or the function of the state, making a impact on the victim directly or indirectly, doing corruptive behaviour legally or illegally. At any cases, we can approve that it is possible enough for the victimity to be established. There are many examples that the public official corruptive behavior has made not only an individual but also a people be victimized. To protect victims from the public official corruption, the following victim policies should be implemented ; ① when the victim's complaint is rejected by a prosecutor,the appeal system should be fairly managed and secured in a criminal procedure. ② inducing taxpayer's suit in our legal system should be taken into consideration. ③ the restitution order should be used actively in the criminal court. ④ the education or training program for the officials should contain the curriculum regarding the officers' positive attitude toward victims. Additionally, the victimology must carry out his important mission to find out and expose outwards the victims' suffering and the aspect of victimization objectively and scientifically. Finally, the victim protection from the public official corruption would be successful if each social subject could cooperate each other closely to improve victims' rights.
Abstract
The public official corruption is not a new issue. It was prevailing more or less in all societies, continuing and present at all levels of the public service. Nevertheless, we should not take the phenomenon for granted. Instead, the suitable victim policy should be established to protect the victim from the public official corruption. Therefore, it would be beneficial for the victim protection if we could search for the possibility of the victimity or victimization resulted from the official's corruptive behaviour because it has been usually hidden from our sight with the non-visiblity or low-visiblity characteristics. The genuine victims who have the traits of 'victimity', are those who can be protected by the law. Contrastively, some victims are just in the desired state without the legal protection. Victimology, however,should have concern on both of them. The victimization could happen in various aspects, such as of targeting against the individual or the function of the state, making a impact on the victim directly or indirectly, doing corruptive behaviour legally or illegally. At any cases, we can approve that it is possible enough for the victimity to be established. There are many examples that the public official corruptive behavior has made not only an individual but also a people be victimized. To protect victims from the public official corruption, the following victim policies should be implemented ; ① when the victim's complaint is rejected by a prosecutor,the appeal system should be fairly managed and secured in a criminal procedure. ② inducing taxpayer's suit in our legal system should be taken into consideration. ③ the restitution order should be used actively in the criminal court. ④ the education or training program for the officials should contain the curriculum regarding the officers' positive attitude toward victims. Additionally, the victimology must carry out his important mission to find out and expose outwards the victims' suffering and the aspect of victimization objectively and scientifically. Finally, the victim protection from the public official corruption would be successful if each social subject could cooperate each other closely to improve victims' rights.
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