형사절차상 범죄피해자의 지위와 권리확보 방안에 관한 연구: 현행 형사소송법상 범죄피해자 보호규정을 중심으로

Abstract

The criminal action procedure starts from criminal victims. However, they usually took part in peripheral matters when it comes to criminal action procedure, although they were the actual partakers of the litigation. To guarantee their constitutional testimony right (constitution article 27 section 5), many kind of laws, including lawsuit promotion, crime victim protection laws, were established, which led the victim’s role to be more concerning than merely a marginal man, and recently reestablished crime action procedure intensified the status of the victim by changing and re-making a lot of rules. This can be evaluated as the result of many academic studies and petition for amendment of many related laws and enactment of new laws so far. Revised criminal action procedure’s victim protection laws are reestablished and changed, though, it is on the early stage of enforcement. We are still in the situation where there are some of the laws that need to be made up since some of them are found to be inadequate during the procedures. Therefore, this study focused upon reinforcement in position of victims who were isolated so far and suggested the solutions for the improvement of the policy and legislative systems. On the other hand, intensifying the status of the victims during the criminal action procedure has an aspect of making it difficult to discover the factual truth, which is an ideology of criminal action, and it can may damnify the suspect or the accused person’s right of self defense, so we tried to be aware of this kind of aspect as well.