언론보도에 따른 범죄피해자의 2차 피해방지를 위한 법제 등의 검토와 그 개선방안

Abstract

Nowadays, the commercialism of media being intensified, media’s crime reportsare getting more incendiary and lewder. When crime, especially in cases ofviolence to target woman and child such as a sexual assault or a child abuseoccur, the media reports on the identity of victims and due to this, victims gothrough secondary damages besides the direct damages caused by crimes. In the light of these cases, according to the acts on the woman and child assaultcases, it is banned to disclose identity of victims in media reports and when thisis violated, a criminal punishment can be given. Moreover, media organizationsincluding National Human Rights Commission of Korea prepare regulations andguidelines for crime reports and put a restrict on disclosure of identity of victims. In reality, however, it is not easy for victims to bring criminal accuse, to bring acivil action or to receive subsequent remedial measures through legal proceedingson 「Act on Arbitration and Remedies, etc. for Damage Caused by Press Reports」. Due to a scoop on excessive competition, media workers often do not followaccording acts or guidelines properly. Upon occasion, the workers do not recognizethe seriousness of secondary damages of victims caused by media reports. Therefore, to prevent secondary damages of victims effectively, the problems ofaccording the upper acts and guidelines should be complemented. For this, aboveall, in 「Act on Arbitration and Remedies, etc. for Damages Caused by PressReports」 and 「Crimes Victim Protection Act」, unified and concrete regulations toprevent secondary damages of victims should be prepared and the range of its applications should be enlarged. Also, the act which impose the civil-criminalresponsibility on news-person and media organizations who violate the upper actsshould be legislated. Furthermore, media organizations should strengthen theregulations by themselves autonomically, and in the case of violating the ban onidentity disclosure of victim, it is required for them to strengthen the regulationsby strict enforcement of their internal sanctions.