「피해자참가인제도」의 도입논의에 관한 고찰 - 한국형사법학회(시안) vs 법무부(안)의 비교분석을 중심으로 -

Abstract

After becoming amendment of the Criminal Procedure Act in 2007, many changes have been made in the criminal procedure. But those changes are limited to protect the legal right and status of the accused or criminal suspect, and zoom in on strengthening investigation power of the public prosecutor. As a result, in the adversary system such as Korean criminal trial, the criminal victims had been alienated relatively. For these reasons, a need for victim's criminal procedure participation have been presented and recently, there is under active discussion about the way to allow criminal victims participation in the criminal procedure. In connection with the way victim's criminal procedure participation, there are two model, that is 「Nebenklage」 as German model and 「Criminal Victim Participation System」 as Japan model. In the victim's right and scope of the participation, the former is better than the latter. But the revised bill made by the Korean Criminal Law Association and the Ministry of Justice follow the Japan model 「the Criminal Victim Participation System」 in a somewhat modified form. In substance of two revised bill, Both are different in the following ponts; (1) whether to include the criminal case applied for an adjudication in the object and range of applications, (2) whether to admit victims to participate in preparation procedure of a trial, (3) whether to admit victims the right to objection on the prosecutor's exertion of authority, (4) whether to permit victims the right to question both the accused and witness, (5) whether to permit victims to examine the criminal facts subjects to judgment. However, above all things, to resolve matters on the victim's procedural alienation, We need to change the way we regard those with criminal victims.