범죄피해자 국선변호인 제도 활성화 방안에 관한 연구

• 영문명: A Study on the Activation of the Public Defender System for Crime Victims: Focusing on the recent discussions in Japan, Sweden, and Finland
• 발행기관: 충북대학교 법학연구소
• 저자명: 정영훈 류병관
• 간행물 정보: 『법학연구』第34卷 第2號, 193~220쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2023.12.31

영문 초록

Criminal justice procedures have historically been centered on punishment for crimes, and proof and defense of crimes have been key. The ideology of the Criminal Procedure Act, which is the principle of discovery of substantive truth, proper procedure, and prompt trial, was also established in this dimension. However, as the interest in criminal law expanded to the area of recovering criminal damage, many academic theories and legislation for this came to fruition. The need for social support for crime victims is also gaining a lot of support from the international community. The UN adopted the SDGs and suggested equal access to justice as one of the international community's efforts, and recently, “The Kyoto Congress” emphasized the need for compensation and compensation beyond the victim's participation in criminal justice procedures. Legal assistance and assistance from lawyers are essential to enable crime victims to recover to their daily lives. Currently, Korea guarantees this right to victims of crime under a special law. However, the reality is that support for crime victims is insufficient because the types of crimes that can be assisted by lawyers are limited. Therefore, there is a need to expand the scope of crime victims to use the public defender system. Currently, the system stipulated only in the special law should be stipulated in the Criminal Procedure Act, a general corporation, and there should also be legislation for the elderly who are socially vulnerable. In addition, from the beginning of the criminal damage, the effectiveness of the recovery of the damage should be secured with the assistance of a lawyer. In addition, it is necessary to clearly define the role of public defenders who have suffered criminal damage and prepare a plan that enables legal support from the investigation stage to the process of receiving damages. In order to guarantee the defendant's right to defend, the Korean Criminal Procedure Act recognizes various rights and operates a system. If so, it is appropriate to provide the same level of support to victims who have been victimized by the accused. Anyone can unintentionally become a victim of a crime, and the cause of the crime is also in the social environment. If so, the state is obligated to establish a social system so that the daily life, which has been painful due to criminal damage, can be restored to the time before the damage situation. In addition, the prerequisite of such a system is to be able to receive assistance from public defenders.

목차

Ⅰ. 서론

Ⅱ. 피해자 국선변호인 제도의 운영 현황과 문제점

Ⅲ. 피해자 국선변호인 제도에 관한 비교법적 고찰

Ⅳ. 피해자 국선변호인 제도의 개선 방향

Ⅴ. 결론

키워드

범죄피해자 국선변호인 제도 범죄피해자의 권리 국선변호인 범죄피해자 범죄피해자 지원 The Public Defender System for Crime Victims The Right of Crime Victims Public Defenders Crime Victims Support for Crime Victims