개정 형사소송법의 범죄피해자 보호규정

• 영문명: Victim Protection of New Criminal Procedure Law
• 발행기관: 한국피해자학회
• 저자명: 김용세(Kim, Yong-Se) 윤민석(Yoon, Min-Seok)
• 간행물 정보: 『피해자학연구』제15권 제2호, 129~156쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.12.31

영문 초록

Korean Criminal Procedure Law, established in 1954, widely adopted the basic principles of democratic criminal procedure under the enormous influence from the Ordinance No.176 of U.S. Military Government Office in Korea in May 1948. However, during the military autocracy since the military codetta in 1961, the Revitalizing Reforms in October 1973 and a military revolt in December 1980, the principles of [due process of the law] and [protection of human rights] were severely damaged for the sake of the political objectives. In this period, the increase of efficiency in Justice and maintenance of social order was regarded as the most important thing by the autocracy technocrats. From 1990s, as the economic development and advance of democracy, the principles of due process of criminal law began to be gradually restored. In June 2007, by the extensive reform of Korean Criminal Procedure Law, the elements of American criminal justice system were intensified, eg adversary system, direct examination and oral proceedings etc. Moreover protection of the rights of suspects, defendants and victims has been reinforced. Especially new Criminal Procedure Law has introduced several provisions for the victims protection. The new system could be very conductive to improve human rights protection and due process in Korean criminal procedure. We have analysed the new victims protection system of criminal procedure on the comparative perspective and predicted the possibilities of its realization. However, it depends on the practice whether the new criminal justice system function properly since it is a brand-new for Korean Practitioners. Therefore, Korean criminal justice institutions must hurry to build up the training system for converting awareness of its officials and improving traditional practices.

목차

Ⅰ. 시작하는 말

Ⅱ. 형사절차와 피해자보호

Ⅲ. 개정 형사소송법의 피해자 보호대책

Ⅳ. 맺는 말

참고문헌

Abstract

키워드

2007 개정형사소송법 범죄피해자의 형사절차상 지위 범죄피해자보호 형사절차상 피해자보호 범죄피해자와 증인보호 criminal procedure law victim protection criminal victim's right evidence release participation in questioning