범죄피해자 권리의 실효적 보장

• 영문명: Securing the Enforceability of Criminal Victims’ Rights
• 발행기관: 한국피해자학회
• 저자명: 김재민(Kim, Jae min)
• 간행물 정보: 『피해자학연구』제25권 제3호, 31~55쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.12.30

영문 초록

Although there are various Korean laws which claim that they are designed to secure criminal victims’ rights, they are often ineffective and unenforceable. To make matters worse, some of them are only the victim’s policy. However, the criminal victims should be given the enforceable victims’ rights, through identifying their status as a victim and recovering their damage in criminal procedure. The substance of the criminal victims’ rights can be described as ‘maintaining human dignity’and ‘the pursuit of happiness’which are stipulated in Article 10 of the Korean Constitution. Those precious values can be achieved by securing the en-forceable victims’ rights. The enforceability of victims’rights can be varied according to the chosen paradigm among the witness paradigm, damage paradigm, harm paradigm, and rights paradigm. Above all, the rights paradigm is most suitable to secure the enforceability of victims’ rights. In order to expand the rights of them and ensure more effective rights, the criminal justice system should be improved based on the rights paradigm. To prevent the side effect of rapid improvement, at a initial stage, it would be better to adopt a Japanese model that combines the status of a witness with that of parties to a lawsuit as a victim, and then take a German or French model which has given strong legal power to criminal victims in the criminal procedure.

목차

Ⅰ. 들어가는 말

Ⅱ. 범죄피해자 권리에 관한 몇 가지 담론

Ⅲ. 범죄피해자 권리의 보장 가능성

Ⅳ. 범죄피해자 권리의 실효성 확보

Ⅳ. 나오는 말

키워드

범죄피해자 범죄피해자의 권리 패러다임 실효성 형사법 체계 criminal victims victims’ rights paradigm enforceability criminal justice system