피해자의 소년법상 지위 - 개정법의 피해자 관련규정을 중심으로 –

Abstract

Generally speaking, juveniles are immature and possess abundant plasticity, lack the ability to exercise judgment or to control behavior. Furthermore, juvenile delinquency is committed from bad influences of the surrounding environment, including the family and the society. Thus, doubt remains strong about the effectiveness of punishment to improve or prevent juvenile delinquency. Therefore, even if a juvenile commits a crime, it is necessary to attempt rehabilitation through protective measures for correcting behavior and adjusting the environment as far as possible, rather than merely imposing punishment as a legal liability. Meanwhile, in spite of the fact that the legitimacy and the rationality of juvenile protection are recognized extensively, we should not forget the presence of crime victims who are suffering from physical, mental and financial damages as one of the related parties in criminal events. Basically, crime victims should be regarded, protected, and granted certain rights or legal position in a juvenile proceeding as in a criminal proceeding. However, the conventional juvenile law has leaned to the protection of the juvenile side, and thus has ignored the rights and interests of the victims until recently. In this situation, the revised juvenile law newly stipulated the related provisions for the victims, namely the right of the victim statement(§25a) and the reconciliation recommendation(§25b), in 2007. Thanks to this amendment, it is now possible that a victim makes a statement about the extent of damage, emotional feelings, comments on the disposition of juvenile offender in the juvenile justice procedure, and can be offered a chance for a negotiation on compensation and apology depending on the judge’s recommendation. When compared to the attitude of conventional juvenile law, it is obvious that the legal status of victims have achieved a progress in juvenile justice system. Nevertheless, these revised provisions have some problems when we observe them from the perspective of harmonious pursuit of interest between the juvenile and the victim. Also, it is difficult to say that the victim’s legal status at present is sufficient to compare with that of advanced foreign countries. Based on this point of view, this manuscript, dealing with the legal status of crime victims in the juvenile justice procedure as the theme, examines the change in victim’s legal status before and after the enforcement of the revised juvenile law, prospects in the possibility of further change in juvenile justice in the presence of crime victims.