범죄피해자구조법의 몇 가지 쟁점

Abstract

This article especially puts emphasis on financial support among a diversity of countermeasure for victim. Act on Support for Victim provides requisite and range of financial support, etc. The point at issues and improvement about Act on Support for Victim are as follows. 1. The object of financial support is restricted to an intentional offense according to Act on Support for Victim. But an intentional offense and an accidential offense is little difference in the result of offense. It is required that the financial aid is accomplished to an accidential offense. 2. As Act on Support for Victim provides financial aid is valid for only death or serious injury of victim, range of financial aid is extremely rigid. It is necessary that financial aid is extended to ordinary injury(on a scale of seven to fourteen) that is not included to serious injury(on a scale of one to six) provided by Act on Support for Victim. 3. Act on Support for Victim provided it should be considered for determination of financial aid amount how many dependant does victim have. Act on Support for Victim should be revised for various object element(besides a number of dependant) to be reflected in the calculation of financial aid. 4. The offender’s indistinctness or pennilessness is a requisite of financial aid according to Act on Support for Victim. But this requisite is removed from Act on Support for Victim because financial aid is functioning as a kind of social security measure. 5. Act on Support for Victim have exception clauses for financial aid. It is as follows. ① a case that offender is a relative of victim ② a case victim causes offense or is responsible for offense ③ a case restriction of financial aid have rational reasons by common sense. It is unreasonable to exempt victim from financial aid only on the ground of relationship between offender and victim. Therefore a case ① should be removed. 6. There are opinions that §8③ of Act on Support for Victim should be abolished. It is a clause acknowledges a right to indemnity to a pecuniary aid for working of a convict(offender). But I think it is reasonable to retain this clause.