공판단계에서 피해자의 진술권 강화방안 = Proposal on Victim's Right to Make Statement during Trial Proceeding : Drawing upon the Japanese Example

다국어 초록 (Multilingual Abstract)

Korea's criminal system would always ensure to check and mitigate the possible abusive exercise of state punishment power for the protection of the accused. While such priority enabled the basic rights of criminal offenders to be well taken care of, in parallel with that, the victims of their crimes have been forced to remain outsiders in the course of proceedings, often even suffering from alleged secondary harm. However, under the recent influence of victims' rights advocates following increasing recognition of this issue, voices calling for the situation of victims to be fixed and certain rules concerning their legal status to be formulated are growing louder. Among the supporting voices, the issue of the rights of victims to make statement before the court have been particularly prominent. The right to make statement during the trial refers to the one given to criminal victims to reflect their stakes and the say of the issues under trial in such a way to participate actually and actively in the whole criminal proceedings. However, given that under the current law, the use of the right to make statement is very limitedly permitted, and, even if they participate, they are given just a status of a witness, the current institution appears to be not functioning properly, veering far off the original purpose. Thus, it does not seem unreasonable to call for reforming the current situation towards effectively guaranteeing the rights of criminal victims.
In sum, the justice system of victim's rights including the right to make statement during trial, despite the wide recognition of its importance as the first step to protect victims' rights and ensure their active participation in criminal proceedings, is not working properly. In the face of this reality, there is an urgent need to find out ways to bring the existent institution a huge step closer to the desirable state of due process of law concerning the protection of victims as well as offenders. One suggestion could be to closely look into the situation of Japan as a model, where the system is effectively operated.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 형사절차상 피해자의 지위와 형사절차참여
• Ⅲ. 일본의 형사절차상 범죄피해자의 참여 ?? 의견진술권을 중심으로
• Ⅳ. 우리나라 피해자의견진술제도의 문제점과 개선방안
• Ⅴ. 결론
• 참고문헌
• 〈ABSTRACT〉