국내외 조직범죄에 있어 증인 보호에 관한 연구

Abstract

The biggest obstacle to investigation of organized crime is that victims or witnesses evade testifying about details of the damage or crime facts. The reason they evade is that there has been a lot of concerns about revenge and exposure of identity, as well as being overwhelmed about appearing in court and investigative agencies. Revenge crimes has increased year by year, from 104 cases in 2003 to 162cases in 2008, so it is really urgent to protect witnesses, but existing regulations about protecting victims or witnesses are scattered around some investigator special acts, and at the same time, the regulations lack of organization and are not being any effective tools to protect witnesses. Therefore, to deal with organized crime effectively, it is the most important to protect witnesses letting them to testify facts freely. So it is time to adopt some witness protection system such as from United States, Japan, or Germany to Korean circumstances. The system, has to be made to guarantee safeties of victims and witnesses on criminal proceedings, as well as on investigating or judiciary proceedings, and has to reject exposure of identity,cross-examination, face-to-face testimony, or meeting with assailants directly. In addition, the system would have to be able not to make working people get disadvantages from workplaces because of absence for their testimony. Not only with readjustments of related laws, institutions such as the court, the prosecution, and the police have to hold recognition and will act about protection of witnesses, for the particularly crucial part. The newly readjusted system has to let anyone to give evidence about their experiences and to report crimes to the institutions freely, getting out from terror of reprisal.