지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
The Art. 27-5 of the Constitution in Korea stipulates the rights of victims such as crime victim"s right to statement. The criminal procedure law as well has expanded the system to protect victims in criminal procedures as well as opportunities for victims to participate in such criminal procedures. In addition, in accord with the Art. 30 of the Constitution(“A citizen who has gone through a criminal act from another that caused damage to his/her life and body is eligible for aid from the government in accord with the laws”), ?the Crime Victim Protection Act? and ?the Act of Budgets for the Support of Crime Victims? have been established and implemented as an institutional measure to protect crime victims. As sexual violence crimes in Korean society become more often and serious, such special laws as ?the Exemption Act on Punishment of Sexual Violence Crimes(EAPSVC)? and ?the Act on Protection of Children and Juveniles from Sexual Abuse(APCJSA)? have provided measures to protect sexual crime victims in consideration of the stabbing anguish of victims. Since there is a high risk of harm after the incident during the period of criminal investigation and public trials especially in the case of sexual violence victims, various measures have been established and taken to protect victims.
Such provisions, however, have been limited to mere psychological and mental help and failed to assure rights of victims in criminal procedures. True, there have been limits to legal assistance for such victims. Accordingly, the government revised APCJSA(revised on Sep 15, 2011 and enforced on March 16, 2012), and newly established the regulations on defender appointment (Art. 18-6) for child and juvenile sexual crime victims.
Again, the Ministry of Justice revised the Art. 27 of EAPSVC(enforced on June 9, 2013; Act No. 11729) and the Art. 30-1 of APCJSA(enforced on June 19, 2013; Act No. 11572), stipulating the basis and authority of the victim defender system. The art. 27-6 of EAPSVC stipulates the public defender system for all sexual violence victims. This became the basis for the Art. 30-2 of APCJSA. Accordingly, the victim defender system and victim"s public defender system started to be expanded and implemented for all sexual violence crime victims on June 19, 2012. And this system expanded to the children victim of child abuse crimes by ?the Exemption Act on Punishment of Child Abuse Crimes?(enacted on Dec. 31, 2013).
So, in this paper, I examined the system for protection of crime victims and the defender system for crime victims based on preceding researches.
Such provisions, however, have been limited to mere psychological and mental help and failed to assure rights of victims in criminal procedures. True, there have been limits to legal assistance for such victims. Accordingly, the government revised APCJSA(revised on Sep 15, 2011 and enforced on March 16, 2012), and newly established the regulations on defender appointment (Art. 18-6) for child and juvenile sexual crime victims.
Again, the Ministry of Justice revised the Art. 27 of EAPSVC(enforced on June 9, 2013; Act No. 11729) and the Art. 30-1 of APCJSA(enforced on June 19, 2013; Act No. 11572), stipulating the basis and authority of the victim defender system. The art. 27-6 of EAPSVC stipulates the public defender system for all sexual violence victims. This became the basis for the Art. 30-2 of APCJSA. Accordingly, the victim defender system and victim"s public defender system started to be expanded and implemented for all sexual violence crime victims on June 19, 2012. And this system expanded to the children victim of child abuse crimes by ?the Exemption Act on Punishment of Child Abuse Crimes?(enacted on Dec. 31, 2013).
So, in this paper, I examined the system for protection of crime victims and the defender system for crime victims based on preceding researches.
목차
Ⅰ. 머리말
Ⅱ. 현행 피해자보호제도의 개관
Ⅲ. 피해자변호사제도의 도입과 그 근거
Ⅳ. 결어
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【Abstract】
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UCI(KEPA) : I410-ECN-0101-2015-300-001389593