새로운 범죄피해자구조제도(2010.5.14)의 내용과 한계

Abstract

Victims Protection Act has been amended overall on 14 May 2010 and will be put into effect from 15 August 2010. Through this amendment the Compensation for Victims of Crime Act of 1987 was repealed and criminal victims compensation program is integrated with the other schemes in Victims Protection Act. Revised contents of new Compensation Scheme are as follows: First, the new scheme extend coverage to every grade of physical handicaps(even it's not serious), serious mental disorder and severe physical injury which were not currently covered(clause 3). Secondly, unidentification of offender or lack of his solvency have been removed from conditions of payment(clause 16①). Third, the amount of compensation is not calculated indiscriminately in respect of the injury or death, but calculated based on monthly income of each victims or average wages of normal workers(clause 22). Forth, the time limit of the application has been extended for 3 years after the date of recognizing the injury or death, or 10 years after the date of the injury or death(clause 25②). Fifth, procedure of complaint against the reject or dismissal of application has been newly enacted(clause 24, 27). On the other hand, for the securing budget the Act on Victims Protection Fund has been legislated on the same day. According to this Act, MOJ would establish the Crime Victims Fund and serves as a major funding source for victim supports and compensation programs throughout the country. Each year, over 60 billions Won are deposited into this Fund from criminal fines and penalty fees.