통합적 범죄피해자 보호를 위한 기본이념 정립과 개선방향

• 영문명: The Strategies for integrated Portection of Criminal Victim: based on principle of solidarity and Transformative Justice
• 발행기관: 한국피해자학회
• 저자명: 김혜경(Kim, Hye Kyung)
• 간행물 정보: 『피해자학연구』제25권 제3호, 141~175쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.12.30

영문 초록

The nation is under an crime prevention obligation, so the nation have to owe the duty to recover ordinary life of victim unless discharge his responsibility. As principle of the essentials of national aid obligation. But in the other hand, by the level of society, members of society have to give a helping hand as the principle of solidarity. So if some criminal victims occurs, in terms of national obligation theory, criminal victim must receive full compensation from nation equally priori crime. But they are able to be aided as band together from same members of society. In this paper the concept of Transformative Justice theory is most important philosophy with the purpose of integration, which can provide a clue of integral national system and can be unity with nation’s aid and social voluntary resources for recovery of criminal victims as well as can make criminal victims to be re-socialization in the meaning of resuming normal activity. While coming from the same background as restorative justice, transformative justice takes a bit of a bolder approach. Instead of simply seeking to restore the actors, transformative justice sets out to transform them for the better. TJ seeks to change the larger social structure as well as the personal structure of those involved. Realizing the un-justness of our current criminal justice system, transformative justice wants to be productive by providing victims with answers for why they were victimized, recognizing the wrong that has occurred, providing restitution, and restoring/establishing peace and security. So in based of Transformative Justice theory can be provided in following policies for criminal victims. At first, it can make proactive protection to integrate with post protection. And it means consolidation of all social resources. Third, Transformative Justice theory can change nation’s approach for redistribution pf social resources and positive right of criminal victims. Next, it make to be able to conciliate the principle of solidarity with the principle of social welfare state. Lastly, Transformative Justice theory demands that nation should abandon distinction of role between offender and criminal victim, because for integration and restoration of society, distinction of role between offender and criminal victims useless and more harmful.

목차

Ⅰ. 상실의 시대에서 회복의 시대로

Ⅱ. 입법적ㆍ제도적 변화과정의 분석

Ⅲ. 관점의 변화시도와 기본이념의 정립

Ⅳ. 통합적 보호를 위한 기본방향

Ⅴ. 마치며

키워드

범죄피해자 범죄피해자센터 전환적 사법 연대성의 원리 회복적 사법 criminal victim transformative justice principle of solidarity resocialization restorative justice