Recently in Korea, the sexual violence is becoming the main issue, as not just there are quantitatively increasing number of the sexual violence, but also worsening its forms such as rape, child molestation and so forth. It assumes to be more number o...
Recently in Korea, the sexual violence is becoming the main issue, as not just there are quantitatively increasing number of the sexual violence, but also worsening its forms such as rape, child molestation and so forth. It assumes to be more number of cases in real society because its report. ratio is relatively low.
The sexual violence is not just finished as an accident that it may give the victim more harm in broad range of physical, mental, social function and family relationship, which are intended to be worsening as time goes by, the most importantly its vicious circle of the violence acts as a important role that makes the victim feel uncontroll able and inequality.
Moreover, the victim experiences direct harm from the accident as well as she/he receives another indirect. damage through criminal proceedings.
Therefore, on this study, it examine show the victim suffer from the in direct. damage through the criminal proceedings, what applicable measures in current law exist for protection of the victim's indirect. damage and for support, and lastly, the study suggests remedy for substantive rights guarantee about on its improvement and the victims of the sexual violence, by looking weakness of every kind of system based on the rights of positive law and regulations.
The sexual violence is differ from other criminals by its characteristic, there is no witness other than the victim, so that judgement is only made by making a statement between aplaintiff and a defendant. Accordingly, there is no other way to discover a truth without the direct in volved person, the victim.
Specially, by looking scientific research data and working. level data, it examines the problems of victim's summon investigation and after the fact action at early stage of the police and prosecution investigation along the sexual violence police investigation progress, in addition, it reviews any possible in direct. damage which the victim may receive while the trial process. By through all those, it finds away to protect the victim of the sexual violence at the most.
A matter of active protection of the victim is about how the nation supports the victim in away of financial, investigative agency and judge. Though there is the best proposal for the protection, it can not be practised efficiently without the financial support and the lack of budget for labour force may lead the court handles a matter with more haste than caution and without gaining the sympathy.
Besides, it discusses the gender. equality. education system for preventive measures in advance which covers from a child to a adult. The punishment of the assailant is not just important, but also the education about the stream of consciousness change of the gender egalitarianism and the sexual violence prevention measure to avoid an accident beforehand is vitally important. In relation to this, it suggests the 'One. stop Support Center', which provides consultation, medical treatment, investigation and regulation to woman and school violence victims, to get over their hurt and to give them lives back brightly and wealthilty.
The protection and punishment for the sexual violence may be possibly prepared by the above legal and systematical means, however, all those means have to be carefully placed emphasis on the victim's protection.
The financial and labour force support are certainly needed for the protection of the sexual violence not just staying a word. based regulation, it needs to raise up social attention by the education system of and the constant system improvement of the protection as well as there should be constant innovative attempts like the voluntary service to change the citizen consciousness for the rights of the sexual violence victim.