刑事節次上 犯罪被害者 保護의 問題點과 改善方案

Abstract

Criminal proceedings in our country are conducted with a confrontation between the suspect and the accused. This is being done to impose reasonable restrictions on the nation's penal power and safeguard the rights of the accused. The unfortunate fact, however, is that the victims the persons who directly incur damages in crimes are treated as outsiders by the penal justice area, not securing their own rights. With the recent recognition of the importance of protecting the victims of crimes, though, arguments in favor of a victim-centered criminal procedure, aimed at strengthening the legal rights of the crime victims, have been formulated and propounded. The necessity of establishing a victim-centered criminal procedure is grounded on the constitution's assurance of the protection of fundamental rights and on the spirit of criminal law and procedure. Though there is currently no law on the human rights of crime victims in our country, the recently initiated efforts at clarifying and declaring the victims' rights may act as a catalyst for legislation, and may thus pave the way for more substantial truths to be revealed in this regard. Such efforts as regarded as necessary and urgent considering the fact that up to now, there are crime victims who are not accorded justice because their rights are not protected in the current criminal procedure. Now, fifty years after the Criminal Procedure Code was first enforced, the way of looking at crime victims is changing. Efforts at ensuring the protection of these crime victims may finally lead to the upholding of their rights. I believe that the protection of crime victims in our criminal procedure will bear fruit due to the strong will of our countrymen. We are looking forward to an early completion and settlement of the protection plan for crime victims.