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        • KCI등재

          연구논문 : 새로운 범죄피해자구조제도(2010.5.14)의 내용과 한계

          김용세 ( Yong Se Kim ) 한국법정책학회 2010 법과 정책연구 Vol.10 No.3

          Victims Protection Act has been amended overall on 14 May 2010 and will be put into effect from 15 August 2010. Through this amendment the Compensation for Victims of Crime Act of 1987 was repealed and criminal victims compensation program is integrated with the other schemes in Victims Protection Act. Revised contents of new Compensation Scheme are as follows: First, the new scheme extend coverage to every grade of physical handicaps(even it`s not serious), serious mental disorder and severe physical injury which were not currently covered(clause 3). Secondly, unidentification of offender or lack of his solvency have been removed from conditions of payment(clause 16①). Third, the amount of compensation is not calculated indiscriminately in respect of the injury or death, but calculated based on monthly income of each victims or average wages of normal workers(clause 22). Forth, the time limit of the application has been extended for 3 years after the date of recognizing the injury or death, or 10 years after the date of the injury or death(clause 25②). Fifth, procedure of complaint against the reject or dismissal of application has been newly enacted(clause 24, 27). On the other hand, for the securing budget the Act on Victims Protection Fund has been legislated on the same day. According to this Act, MOJ would establish the Crime Victims Fund and serves as a major funding source for victim supports and compensation programs throughout the country. Each year, over 60 billions Won are deposited into this Fund from criminal fines and penalty fees.

        • KCI등재
        • 민간단체에 의한 범죄피해자 지원의 현황과 전망

          金容世(kim, Yong-Se),金鍾德(Kim, Jong-Duk) 한국피해자학회 2003 被害者學硏究 Vol.11 No.2

          '스콜라' 이용 시 소속기관이 구독 중이 아닌 경우, 오후 4시부터 익일 오전 7시까지 원문보기가 가능합니다.

          It was at the beginning of 1970s that the victiroology is introduced in Korea. The subject of victim of crime didn't appeal to both the learned circles and the men of affairs of Law in Korea until the late 1900s. In the 1900s, non-governmental organization standing for victim support comes into being and the Korean Association of victiroology is founded, which shows that the recognition of victim of crime changes a great deal. However, it is true that the target of support is confined to victims of particular crime such as sexual violence, domestic violence and child abuse. Besides, there are still needs for the specialized man power to support victims of crimes. Chapter 2 covers the importance and the types of non-governmental organization for victim support. Chapter 3 shows the process of founding the organizations for victim support and its present situation focusing on the cases of England, the United States and Japan. In addition, it introduces the types of non-governmental organization for victim support. Chapter 4 is to present how the victim support is going on in Korea and to show the solution for its present problem. 2003 is regarded as the year that the victim support of Korea made a great progress. According to the recent report, Gimcheon Branch Office of Daegu District Public Prosecutors' Office agreed to the proposal on forming a comprehensive organization to support victims in collaboration with experts from various fields including social activists, psychiatrists and professors. This organization aims at providing victims of crime with a support of prime quality in combination with sexual violence victims counseling, resource center on domestic violence and child abuse prevention center.

        • KCI등재후보

          회복적 사법의 개념과 활용가능성에 관한 小考

          金容世(Kim, Yong-Se) 한국피해자학회 2004 被害者學硏究 Vol.12 No.2

          '스콜라' 이용 시 소속기관이 구독 중이 아닌 경우, 오후 4시부터 익일 오전 7시까지 원문보기가 가능합니다.

          One of the significant international developments about criminology and criminal justice in last five decades of twentieth century is the growing interest in restorative justice. The term 'restorative justice' as yet has no settled meaning. Indeed, and partly because of this lack of agreement, a recent United Nations document proposing 'basic principles' on the use of restorative justice deliberately avoided defining the term. Restorative justice emphasizes the importance of elevating the role of crime victims and community members, holding offenders directly accountable to the people they have violated, restoring the emotional and material losses of victims, and providing a range of opportunities for dialogue, negotiation, and problem solving, whenever possible, thet can lead to a greater sense of community safety, conflict resolution, and closure for all involved. I am trying in this paper to introduce clear definition of restorative justice and to present appropriate korean term of related concept to restorative justice; victim-offender mediation, victim-offender reconciliation, conference and circle model, mediation, restoration, restitution and compensation etc.

        • KCI등재

          한국 범죄피해자 지원법제의 현황과 발전방향

          김용세(Kim, Yong-Se) 한국피해자학회 2012 被害者學硏究 Vol.20 No.1

          '스콜라' 이용 시 소속기관이 구독 중이 아닌 경우, 오후 4시부터 익일 오전 7시까지 원문보기가 가능합니다.

          Korean legal system on the criminal victim protection has been made great strides during last two decades. The rapid developments since 2000's have been made on the initiative of national organizations like as Ministry of Justice(MOJ) or Minisry of Gender Equality and Family(MOGF). Almost of civil organizations of victim support have been grown up as non-governmental organization subordinated to those government circles. Korean legal system of victim protection and support mainly has been made by imitation of advanced statutes of orther countries by the bureaucratic decisions or strong public pressure rather than be based on the experiences and victims' demands from the workplace. Here and now, it's very relevant to analyse problems and to seek for the way of improvement for the korean legal system of victim support which has been rapidely developed in a short period. In this paper I tried to present a basic conception for the sharing my perception about the problems in Koeran legal system of victim protection and desirable direction of development.

        • KCI등재

          한국 피해자학의 발전과 과제

          김용세(Kim, Yong-Se) 한국피해자학회 2012 被害者學硏究 Vol.20 No.2

          '스콜라' 이용 시 소속기관이 구독 중이 아닌 경우, 오후 4시부터 익일 오전 7시까지 원문보기가 가능합니다.

          As Victimology was first introduced in korea 1971, in the next two decades Korean researchers and practitioners has not be interested in the problem of criminal victims. In the 1990's korean victimology has improved significantly quantitatively as well as qualitatively. As the Korea Sexual Violence Relief Center which is the first civil organization for victim support was established in 1991, eventually victim support at non-governmental level has been started in Korea. In 1992, with the establishment of Korean Association of Victimology came a turning point in the development of korean victimology. Since 1987, the Korean Constitution has provided two rights for crime victims as a part of fundamental human rights; the right for criminal victim’s to make a statement within criminal procedure and the right to receive compensational aids from the State. However, it is difficult to say whether these provisions were primarily motivated by theoretical or practical awakening about the need for victims’ rights. In any event, it is true that practical interests in the difficulties faced by victims’ were rapidly growing as the Constitution guaranteed victims’ rights as a part of fundamental human rights. In the 1990's korean victimology has improved significantly quantitatively as well as qualitatively. In 1991 the [Korean Sexual Violence Relief Center (KSVRC)] was founded, which was the first private organization in Korea to provide full scale assistance to victims of crime, while in 1992, the Korean Academic Association of Victimology was established (second in Asia after Japan). Additionally, through the 1990s, the [Act on the Punishment of Sexual Crimes and Protection of its Victims (1994)], the [Act on the Special Procedure for the Punishment of Domestic Violence (1997)] and the [Act on the Prevention of Domestic Violence and Protection of its Victims (1997)] were enacted sequentially. In 2000's many researchers from the field of law, sociology, psychology etc. showed an extreme interest in victimology and the research papers were explosively increased. And many researchers (mainly penal law experts) have begun to pay attention to restorative justice. In this paper, I tried to analyse the development process of victimology in comparison with the practices at official and non-official level in Korea. Then I studied role of the korean victimology for the further academic and practical development.

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