‘범죄피해자 인권보호를 위한 국제협약’ 초안의 내용분석과 그 시사점 고찰 - UN의 ‘범죄피해자 인권보호선언’과의 비교를 중심으로 -
Analysing the Context of the Convention for Victims of Crime and Considering on a Few Suggestions. - focusing on comparing the Convention with the UN Declaration -
김재민
초록
The 1985 UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power(“The Declaration") has been the basis of all recent international protocols on victims' rights. It contains various clauses which is necessary for the victims protection such as the information offering,compassionate attitude, proper assistance, personal safety and compensation. However, establishing the draft of the Convention on Justice for Victims of Crime and Abuse of Power("the Convention") was not avoidable because the Declaration is not binding to the membership countries. There are a few different aspects between the Convention and the Declaration, especially in the legal characteristics, the special concern for the vulnerable victims, the prevention of victimization, the provision of information, the restorative justice and the monitoring and implementation system. In Korea, some victim policies written on the Convention have been already implementing by judicial authorities such as police, prosecutor and court. Nevertheless,there are still some areas to be improved for the effective victim protection. As a result of that, some suggestions could be proposed as it is following ; Firstly, judicial authorities should try to pay more attention to the vulnerable victims. Secondly,relating to the adoption of the restorative justice system, victims' interest should be taken into consideration. Thirdly, the victims rights for appealing a decision not to prosecute should be secured for the practical victims' recovery. Fourthly, Victim Compensation Fund is to be amplified. Lastly, the induction of a public defender system should be propelled for victims' sake.