「피해자참가인제도」의 도입논의에 관한 고찰

• 영문명: The Study for the Introduction of the Criminal Victim Participation System
• 발행기관: 한국형사법학회
• 저자명: 김봉수(Kim, Bong-Su)
• 간행물 정보: 『형사법연구』형사법연구 제22권 제4호, 231~254쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.02.06

영문 초록

After becoming amendment of the Criminal Procedure Act in 2007, many changes have been made in the criminal procedure. But those changes are limited to protect the legal right and status of the accused or criminal suspect, and zoom in on strengthening investigation power of the public prosecutor. As a result, in the adversary system such as Korean criminal trial, the criminal victims had been alienated relatively. For these reasons, a need for victim's criminal procedure participation have been presented and recently, there is under active discussion about the way to allow criminal victims participation in the criminal procedure. In connection with the way victim's criminal procedure participation, there are two model, that is ｢Nebenklage｣ as German model and ｢Criminal Victim Participation System｣ as Japan model. In the victim's right and scope of the participation, the former is better than the latter. But the revised bill made by the Korean Criminal Law Association and the Ministry of Justice follow the Japan model ｢the Criminal Victim Participation System｣ in a somewhat modified form. In substance of two revised bill, Both are different in the following ponts; (1) whether to include the criminal case applied for an adjudication in the object and range of applications, (2) whether to admit victims to participate in preparation procedure of a trial, (3) whether to admit victims the right to objection on the prosecutor's exertion of authority, (4) whether to permit victims the right to question both the accused and witness, (5) whether to permit victims to examine the criminal facts subjects to judgment. However, above all things, to resolve matters on the victim's procedural alienation, We need to change the way we regard those with criminal victims.

목차

Ⅰ. 서 설 - 도입 논의의 배경

Ⅱ. 비교를 통해서 본 개정안들의 기본방향과 쟁점들

Ⅲ. 개정논의의 구체적 쟁점사안에 대한 고찰

Ⅳ. 피해자참가인제도의 도입에 따른 피해자의 소송법적 지위 변화와 한계

Ⅴ. 결 론

키워드

형사피해자 당사자주의 피해자의 권리 형사피해자참가제도 부대공소제도 Criminal Victim Adversary system Victim's Right Criminal Victim Participation Nebenklage