현대적 의미의 피해자 보호와 재정신청제도의 개선방안

Abstract

This article deals with a problem of present petition system for adjudication in victim view. According to current Criminal Procedure Law, A person who lodged a complaint with a right to such complaint may, if he receives a notice of non-prosecution from the public prosecutor, file a petition for adjudication to find whether such disposition is properly made with the High Court having jurisdiction over the venue where the district public prosecutor's office to which the public prosecutor belong is situated. The court shall render a ruling to institute public prosecution, if it is held that the petition has a ground. In this case, The chief public prosecutor of the relevant district public prosecutor's office or of its branch office shall assign a public prosecutor to take charge of the case and the assigned public prosecutor shall institute the public prosecution accordingly. This is applied to the criminal victim as one of complainant. However, This system is not enough to protect for criminal victim in the sense of modern because examination for of evidence is poor for finding the fact and prosecutor actually prosecute and maintain the case in the court. There are instance where prosecutor don’t even demand a penalty against defendant. This reality in criminal justice may provoke criminal victim’s secondary damage and distrust of criminal justice. Therefore this system have a lot of things needing to be improved. High Court’s examination for adjudication have to be faithful and prosecution and its maintaining in court have to be served by attorney.