헌법상 범죄피해자구조청구권의 실효성 확보에 관한 소고 - 경찰학적 관점을 중심으로 - = A Study on Ensuring the Effectiveness of the Constitutional Right to Request Relief for Crime Victims – Focusing on the Perspective of Police Science –

다국어 초록 (Multilingual Abstract)

In the modern judicial system, crime victims have long remained the “forgotten figures.” While the State has defined crime as a violation of social order and concentrated primarily on the punishment of offenders, the suffering and recovery of victims have often been regarded as matters of private concern. The constitutional right to claim relief for crime victims represents both a reflection of the nation’s commitment not to turn away from members of the community who suffer from crime and a constitutional affirmation of the State’s fundamental duty to protect its citizens. Although the institutional framework—such as the enactment of the Crime Victim Protection Act following the introduction of Article 30 of the Constitution—has been established, numerous operational limitations have hindered the full realization of the constitutional ideal.
The right to request relief for crime victims guaranteed under Article 30 of the Constitution extends beyond the mere right to receive monetary compensation from the State. It is a comprehensive fundamental right demanding holistic protection and support from the State to restore the dignity and value of individuals shattered by crime and to enable their reintegration as full members of society. The realization of this constitutional ideal cannot be achieved solely through legislative provisions or benevolent administrative measures; it gains true vitality through the concrete and dedicated activities of the police—who, standing at the forefront of the State system, directly engage with the public.
Against this backdrop, this study explores ways to enhance the effectiveness of the constitutional right to relief for crime victims from a police science perspective, extending beyond traditional constitutional interpretation. The findings indicate that the current police-led victim protection system faces significant constraints—including legal and institutional inadequacies, an investigative culture focused primarily on offenders, and a lack of specialized expertise—thereby falling short of the level of substantive protection demanded by the Constitution.
Accordingly, this study proposes redefining the police’s role as both a “gateway” and a “hub” for victim support and suggests multifaceted improvement measures to realize this goal. Legally and institutionally, the Police Duties Execution Act should explicitly stipulate the police’s duty to protect victims, thereby clarifying their constitutional responsibility. In practice, the paradigm of policing should shift toward “victim-centered” activities through the expansion of restorative policing, the strengthening of information-sharing and linkage functions, and the enhancement of police professionalism. However, the realization of these proposals requires not only innovative efforts within the police organization but also legislative determination, sufficient financial resources, and a broader transformation in societal awareness regarding the protection of crime victims. The police alone cannot resolve all issues; a close cooperative network involving victim support centers, medical and legal institutions, and civil society is indispensable. Ultimately, the crime victim relief system must serve as a social safety net that enables victims to overcome the trauma of crime and return to the community as healthy and empowered individuals.