범죄피해자의 실질적 보호를 위한 제언

Abstract

Until recent time, the crime victims have been considered ad objects of the victim study in the main field of criminal law. In the late 1990s, in korea, the study od the crime victims has started to pay attention on the problem related with legal posion and their rights in the criminal procedure, going beyond the economic and social consideration for the crime victims. The restitution system is that is for the crime victim’s convenient and prompt recovery form damage by the victim’s application or by the court’s authority in case the property damage inflicted on the victim by the criminal act of accused. It is certain that it is need introduce the system of notification to victims and the charge of subjects of restitution should be increased significantly the being limited of the special cases. But the restitution system have not been utilized in recent year. The crime victims begin to emerge as subjects in the main field of crime law. Especially, the crime victims’right for the statement is one of the most crucial factors for their participation in the criminal procedure. However, though Korea’s constitution law guarantees widely the crime victims’ right for the statement, Korea’s criminal procedure law limits this right. Korea’s criminal procedure law revised in 2007 extended applicant of victim statement, allowed the victim to state in a course of trial, even the victim stated in a stage of investigation, and edited out exceptive reason in application. But The crime victims’right for the statement is the most essential right in other to strengthen the right of the crime victims.