범죄피해자지원의 헌법적 근거

다국어 초록 (Multilingual Abstract)

  The study of the effective support and prevention for crime victims after the Second World War originally began to seek to understand the causes of criminal behavior by examining victim attitudes and conducts. With the rising crime rate, concern for the crime victims" interest has led to changes in attitude towards crime victim support. From the view of the traditional criminal justice system, these changes are very dramatic. Today, crime victims are no longer bystanders in criminal proceedings. They can participate in criminal proceedings to protect their rights and losses. The Constitution and criminal procedure law adopted new provisions regarding crime victims" rights. New legislations also followed to achieve the objectives of the new provisions.<BR>  There are several provisions in constitutional law such as article 10(provision of human dignity, worth and the right to pursue happiness), article 17(provision of inviolable right to privacy of life), article 21 (4) (provision that speech or the press shall not violate the honor or rights of other persons), article 27 (5) (provision that a victim of a crime shall be entitled to make a statement during the proceedings of the trial of the case involved as under the conditions prescribed by Act), article 30(provision that any citizen who has suffered physical injury or death due to criminal acts of others may receive aid from the State under the conditions as prescribed by Act) which are constitutional bases of victim support. These are very significant in point of presenting the legislation direction against a victim support law and becoming standards which are used for interpretation for relation law and execution of victim support policy.

참고문헌 (Reference)

1 "형사절차상 피해자보호방안" 한국형사정책연구원 1993

2 "형사절차상 범죄피해자권리의 헌법적 보장에 관한 연구" 한국피해자학회 14 (14): 2006

3 "형사소송법Ⅰ" 법문사 1997

4 "현행법상 범죄피해자 지원방안" 한국피해자학회 10 (10): 2004

5 "한국의 범죄피해자보호체계" 한국형사정책연구원 9 (9): 1998

6 "학교폭력,피해자의 사례" 한국피해자학회 11 (11): 2003

7 "피해자학의 발전과 피해자보호의 최신 동향" 한국피해자학회 10 (10): 2002

8 "범죄피해자의 형사절차 참여방안" 한국피해자학회 14 (14): 2006

9 "범죄피해자 보호,지원강화를 위한 종합대책 설명자료" 법무부 2004

10 "범죄피해자 보호,지원 종합대책 추진자료집" 법무부 2006

11 "범죄피해경험 및 사법기관접촉경험이 사법기관신뢰도에 미치는 영향" 한국피해자학회 13 (13): 2005

12 "2005 범죄분석" 대검찰청 2006