犯罪被害者에 대한 警察의 保護方案 硏究

Abstract

As the concept of modern criminal procedure was inclined to protection of the criminals such as the accused, or the prisoner, and practical case of criminal procedures was inclined to treatment of the criminals, the victims have been ignored at the criminal procedures so far. However, though the victims were damaged by crimes, their infringed right has been ignored and rather the human right of the criminals has been emphasized, which can be a huge barrier to ultimate discovery of substantive truth in criminal procedures. Therefore, to realize justice in criminal procedures and to discover substantive truth, we need active and substantive care and protection of the victims by the police who directly contact them. Of course, Korea has many institutional devices for protection of the victims by enacting and revising many special codes such as help system in the victim help act, the indemnity law in exemption law on lawsuit promotion, the exemption law on punishment of specific major crimes, law on punishment of sexual violence and protection of victim, and the exemption law on punishment of family violence crime, but all of them are specific codes needed at individual situations, are confined to specific crimes or regulate requirements of protection and support too strictly and have limitations in human resources or budget to support them. So as it was suggested that we need a general and basic law that covers protection policy of victims more comprehensively, the victim protection law was enacted. Thus, institutional systems for protection and support of victims have been steadily expanded, networks of victim right protection was developed within jurisdictions of all the local police agencies and police offices, and more attention has been paid to protection of victims' right. In particular, for construction of organized victim support system between private victim support associations, every police office organized victim support committees to support victims in each area such as medical care, counselling and law, and the detective in charge of the case contacts support committees such as victim supporters for support of victims. And the department of victim countermeasure was organized in the human right protection center of the National Police Agency to supervise support of victims. It is very encouraging that a composite measure was developed for reinforcement of protection and support including enactment of the fundamental victim law and the victim protection regulation. However, they are not complete compared to police systems of advanced countries such as the U.S.A. and Japan. Therefore, this study is categorized into five chapters as follows: to find out measures for balance of such ideas involved in victim protection, examine victim support measures, discuss problems and improvement of victim protection by the police, and speculate effectiveness of the victim support through examining its duality. Finally, it examines the victim protection system of each country in the protection law and the possibility of its introduction into Korean system. The improvement measures suggested should be legislated centering on the criminal law or criminal procedures and victim protection law should be revised to incorporate institutions on victim protection, which will contribute to effectiveness and improvement of Korean victim protection system.