새로운 형사재판에서 피해자의 권리보호

Abstract

According to the amendment of the criminal procedure and the enactment of 『Peoples’s Participation in Criminal Trial Act』, the various changes are expected in Korean criminal Trial, 2008. First, the reformed criminal procedure is composed of the new changes strenthening the transparency and protecting the victim’s right. For example of the latter, enlarging the prosecution compelling system for making the decision of prosecution transparent, stipulating of the victim’s right to state in trial, reinforcing the notice system for victim. Of course, this direction of changes is desirable. But when watching on the victim’s place and sight, the Juror’s trial under 『Peoples’s Participation in Criminal Trial Act』has contained many problems in relation to protection the victim’s right. In other wordes, the direction and contents of『Peoples’s Participation in Criminal Trial Act』have attached too much importance to protecting the right of the accused. For example, in relation to stating of the juror’s trial, only the intention of the accused is deliberated. It means that the victim is neglected in the juror’s trial. In particular, this problem stand out prominently in connection to the juror’s trial for the sex offense. Consequently, it is necessary to judge of starting of the juror’s trial in consideration of the victim’s intent.