公判段階에서의 被害者 保護方案

Abstract

The achievement of victimology has generally produced greater considera- tion of victims’ interests and improved the treatment of crime victims throughout the process. Nevertheless, crime victims are excluded from meaningful participation in the criminal justice process yet today in Korea. Justice for both defendants and victims is a worthy goal to pursue. The rights of victims of crime must be accorded the same priority as those of the defendant. It is needed to expand the rights of crime victims in Korea. It would be desirable to import the system of private prosecutions to Korea and to broaden the range of the availability to appeal against prosecutor’s non-prosecution. The korean criminal procedure should be amended to guarantee victims the right to attend court hearings, to receive information and explanation about the progress of their case, to be protected both for their privacy and for their physical safety, and about the compensation and assistance to victims. The process of dealing with the offender must not increase the distress or add to the problems of the victims of crime. Law enforcement agencies, prosecutors, corrections agencies, social services agencies, and the courts shall make every reasonable effort to ensure that victims of crimes have such rights. All sections of the criminal justice process must ensure that the process of dealing with the offender should not increase the distress or add to the problems of victims of crime in “secondary victimisation”.