회복적 사법과 범죄피해자 보상

Abstract

Since the state monopolized the right to punishment, crime has been a matter only for the state and criminals. In the traditional retribution- type criminal justice, which focuses on punishment, marginalized crime victims were treated not as parties to criminal proceedings, but as simple objects of evidence collection. However, just because the state punishes criminals does not mean that justice and equity have been realized. This is because the victim's problems remain. Due to the crime, the victim suffers from physical and mental pain and faces economic difficulties. Compensation for crime victims should be made to heal the victims' pain and relieve their difficulties. Through this, it is possible to realize justice and equity, practice social solidarity, and achieve the purpose of restorative justice. Regarding the nature and basis of the crime victim compensation system, there are views that are largely understood as state responsibility and as social security, but generally, views that are viewed as a complex character that combines the two elements dominate. The relief fund system under the current Crime Victim Protection Act needs to be improved in terms of its name, scope of personal protection, and payment targets. On the other hand, institutional integration or joint operation with State Compensation and Criminal Compensation is expected to be necessary by clarifying the theoretical basis for compensation for damages in the long-term development direction of this system. It is also possible to explore ways to establish social insurance. This can be modeled by Industrial Accident Compensation Insurance or New Zealand's Accident Compensation Act. Finally, in order to quickly resolve disputes related to compensation, it is possible to conceive the form of a specialized court in which various members of society participate in legal proceedings.