수사절차에 있어서 범죄피해자의 인권보호 개선방안

Abstract

In this study, the level of domestic and international crime victim protection in the investigative procedures and the public defender system were examined, among others. In order to realize the protection of crime victims in the future, the following improvement plans are required. First, the police’s reorganization and support for the crime victim support department need to be activated. It is necessary to establish a new human rights bureau in charge of the overall human rights within the National Police Agency, and it is also necessary to install the crime victim support department separately in connection with the support for crime victims. Second, the actualization of education for the protection of human rights of crime victims is needed. It is necessary to educate by allowing for sufficient time to help them understand the human rights protection guidelines and policies in a timely manner. Third, it is necessary to lay out the legal foundation for the public defender system for the crime victims through the interpretation of the Constitution and the amendment of related laws. If the meaning of Article 30 of the Constitution were interpreted to include the protection under criminal procedures, it may be understood as an individual provision for basis for the criminal victims’ public defender system. In that context, it is desirable to provide grounds for the provision of the criminal victims’ public defender system in the Article 30 of the Constitution, which specifies the right to claim rescue for the crime victims. Fourth, it is necessary to expand the public defender system for crime victims. Under the current laws, crime victims are afforded public defenders only when they are exposed to the crimes of sexual violence. However, it may be against the principle of equality as per the Constitution to allow only the victims of sexual violence crimes to be choose public defenders, and so there is a need to expand the scope of crime victims subject to the assistance of public defenders. Fifth, a systematic legal protection is needed for the victims of crimes via the enactment of investigative procedure law. If the investigative procedure law is separated from the criminal procedure law, important matters related to the protection of crime victims can be protected by law. Therefore, a systematic legal protection against crime victims will be possible.