피해자 신변보호 제도 개선에 대한 시민의 인식 연구

Abstract

Breaking away from the traditional views on victims of crime as a passive party in criminal proceedings, the emerging views that acknowledge the victim's status and focus on protection and relief enabled the establishment of various laws and policies for victim protection. Despite such an advancement in perspective on victims, retaliatory crimes have consistently occured, but effective measures to prevent them have been insufficient. Among various preventive measures to protect victims, physical separation of the perpetrator and the victim, such as detention and restraining order, has been recognized as a viable and realistic alternative. This study analyzed citizens' perceptions on the expension of these policies to other types of crime to protect victims. As a result, this study found that the majority of citizens positively recognized the legislation of 'concern about harm to victims and important witnesses' as an independent reason for detention with a reason of preventing retaliatory crime. In addition, this study confirmed the majority of citizens positively perceived that victim's opinion and 'concern about harm to victims and important witnesses' need to be considered in the application of a detention warrant. Lastly, this study found that the majority of citizens were positively aware of the extension of measures, such as restraining orders applicable only to certain crimes, to other crimes with a risk of retaliation. Based on these results, this study proposes to expand the scope and target of protection by revising the laws on detention and restraining order to prevent retaliatory crimes against victims.