범죄피해자지원센터의 발전방안

윤상민(Yoon, Sang Min) 한국피해자학회 2006 被害者學硏究 Vol.14 No.1

A Criminal involve two parties: The criminal and victim. The criminal is protected by the law proceeding Criminal procedure. However the victim has to live with the affliction of the crime. It is the fundamental duty of the nation to protect and support the victim from these sufferings. In Korea, until now, the protection and support services for victims has focused mainly upon specific crimes related to women victims, such as rape, home violence, prostitution, etc. There was a limited of victim protection and support due to financial affairs and insufficient man power. Therefore, as of september 2004, the Ministry Justice has made public a new initiative to intensify the protection and support for victim of all crimes. One of their counterplans is criminal victim support center. One of their counterplans is victim support through the establishment of the criminal victim support center. As of this year 54 support centers have already been established throughout the country. The criminal victim center is expected to do a great job for victim’ protection as a national organization. The treatise is an opportunity for the criminal victim support center to evaluate the present condition of the Criminal Victim Support Center and suggest a development scheme.

지방자치단체의 범죄피해자 지원정책에 관한 연구

박병식(Park, Byung-Sick) 성균관대학교 법학연구소 2011 성균관법학 Vol.23 No.3

Crime Victims Protection Act obliges not only government but also local government to support and protect crime victims. There are various kinds of support programs, such as counseling, medical treatment, employment, and housing. To provide the substantial support for victims, local government and organizations must keep in contact with each other and carry out the policy together. This paper conducted a research on the support policies for crime victims of Japanese local governments and their strong points and limits. Supporting activities for crime victims of Japan were started by the police and still led by them. However, the supporting activities of the police are limited to the intervention right after the occurrence of the crime, and the long term support for victims is still deficient. Meanwhile, in case of Korea, the Prosecutors Office leads the supports for crime victims. But the problems of the Korean policies are same with that of the Japanese policies. To provide systematic and comprehensive supports for crime victims, the local government based on the local community must be at the head of the supports. To support the victims, organizations such as local government, Police Agency, Prosecutors Office, Office of Education, Bar Association, Victim Support Center, hospital, must construct general network based on community. The support for crime victims of Japan is not activated that much, but it is much more organized than that of Korea. Korean local governments could refer the Japanese policy and make more efforts to support crime victims.

검찰의 범죄피해자 지원활동의 개선방안

김근모 한국피해자학회 2013 被害者學硏究 Vol.21 No.2

Recently, victim support measures have shown rapid development. The main focus of this thesis is to increase the use of victim support measures and provide more care for the victim in the process of support. Firstly, active support activities dig out hidden victims and support them without waiting for the application from the victim. When it comes to the interpretation of victim support provisions, we need to keep in mind the phrase, 'in doubt, pro the victim'. Secondly, victim-centered activities is badly needed in the process of support. When the victim applies for support, he does not need to fill out the application by hand any more. On behalf of the victim, a staff fills out the application using a computer. When it is difficult for the victim to visit the prosecutors' office, we go victim's home directly and support him. Thirdly, instead of general publicity activities, we go directly to the target of public relations and explain support measures in detail. Fourthly, regarding the professionalism of the staff, instead of one-time cramming training, we have a monthly research seminar that involve reading and discussing papers related to the victim. Fifthly, we have signed with the MOU with NOVA(USA), NNVS(Japan), and VSE(EU), so even if one becomes a victim in one of the nations, he can get local support by mutual cooperation. It is this researcher's wish that in order to achieve qualitative growth keeping with quantitative growth of victim support, creative and victim-centered active support activities should be performed much often.

범죄피해자 보호ㆍ지원을 위한 경찰활동의 활성화 방안

김효정(Kim, Hyo-Jung) 한국피해자학회 2011 被害者學硏究 Vol.19 No.1

In victim support, the “first contact” agency is almost always the police. Proper, well-established initial response procedure plays a critical role in an effective victim protection. It is obvious that continuous victim support is essential at the prosecution stage and the court stage; however it is certain that the police, the very agency responsible for the initial response, should be the primary agency which provides care for the victims of crime, and help them recover from impact of crimes. Many countries take their own approach in criminal victim support systems. In the United States, federal/state Department of Justice offices are given supervisory positions. On the other hand, in the United Kingdom, (though the system is a bit more decentralized compared to the U.S. counterpart) the police provide the largest part in victim support. U.S. approach guarantees sustained, continuous support at all stages – investigation, prosecution, and incarceration – however also bears more chance of failure to provide effective initial response. On the other hand, U.K. approach provides better initial response, but as the case develops the police have to let the case go off their hands. Korean victim support systems share a lot of similarities with the U.K. systems. Currently the police operate various programs, such as victim rights information program, and victim support information program. The police are also hiring special agents for victim psychology, and setting up ‘one-stop support’ centers. However there is still room for more development; it is the time to better understand the importance of the police role in victim support, and try to combine the U.S. and U.K. systems to achieve higher level of both ‘sustained and continuous support’ and ‘quick and effective initial response’ at the same time. It is also important to provide extensive information to victims by centralizing/automating the information system so victims can be notified of any changes in offenders’ status (e.g. parole, release, or death in prison) instantly. As our society develops, the public expect and require the more capable, multi-role police. To meet this public expectation, the police should acknowledge its increased responsibilities to protect human rights, and to actively help the crime victims in need.

범죄피해자지원제도의 현황과 개선방안

윤상민(Yoon, Sang-Min) 한국피해자학회 2013 被害者學硏究 Vol.21 No.2

Protection and support of crime victim is an unavoidable assignment of time. In the midst of such current of time, history of victim support in our country has entered into a period of growth. The perception of government or local government has also significantly changed on victim support. The foundation of legislative support has also been prepared even though not at satisfactory level. It is now necessary to improve and advance areas of improvement while further reinforcing victim support. From the legislative aspect related to criminal case procedure, it is necessary to modify redundant provisions related to support, stipulate the notification of victim's right, prevent secondary damage during investigation process, guarantee the right to receive attorney's assistance, protect victim's identity, etc. Related to support group, it is necessary to faithfully fulfill the obligations of national and local governments, provide swift protection and support, form national level network and activities, ensure the independence of private support groups, reinforce the expertise of support staff and provide stable compensation, ensure stable finance and provide reasonable financial support, strengthen promotion activities, alleviate the differences in crime victim support, etc.

낙태죄 비범죄화 이후: 성폭력 피해자의 임신중단은 가능해졌나?

김정혜,이미경,동제연 한국피해자학회 2024 被害者學硏究 Vol.32 No.1

안전한 임신중단 보장은 성・재생산 권리의 핵심적인 사항이다. 그러나 낙태죄 비범죄화에도 불구하고 한국에서 임신중단 의료는 정상화되지 못하고 있다. 이 연구는 비범죄화 이전에도 처벌되지 않았을 뿐 아니라 정부의 의료비 지원 대상에 포함되었던 ‘성폭력으로 인한 임신중단’을 중심으로 비범죄화 이후 임신중단 지원 실태와 의료 접근성의 한계를 분석하였다. 성폭력 피해자 지원기관 종사자 및 의료인을 대상으로 한 심층면접을 실시한 결과, 비범죄화로 인한 의료 및 정보 접근성 향상이 나타난 반면 다수의 면접참여자들은 성폭력 피해자 임신중단 의료 지원에서 큰 변화가 없다고 평가하였다. 임신중단이 비범죄화된 데 대한 공식적 정보는 모호하거나 빈약하여, 지원기관과 의료인 모두 ‘아직 임신중단이 합법적이지는 않다’고 생각하는 경우가 많았고, 그로 인해 지원의 정당성을 확보하려면 성폭력으로 인한 임신임을 확인해야 한다는 부담을 갖고 까다로운 절차를 거치거나, 엄격한 요건을 적용하며 아예 지원을 하지 않는 결정을 하기도 했다. 지원기관에서는 성폭력의 신고나 고소, 지목된 가해자와 태아의 DNA 일치, 외부 자문위원의 사례회의 의결, 청소년 피해자의 부모 동의 등을 의료 지원의 선행 요건으로 두는 사례가 있었고 그로 인해 임신중단을 필요로 하는 피해자의 지원이 불가능해지는 사례가 나타났다. 또한 여성가족부의 지원 지침에 따라 무고죄 피소 가능성이나 의료비 환수 등의 안내가 이루어지면서 지원 요청이 위축되고, 성매매로 인한 임신에 대한 의료비 지원 여부가 지침에 명시되지 않아 지원 가능성이 모호한 점도 지적되었다. 임신중단 지원에서 가장 어려운 점은 임신중단 의료를 제공하는 의료인을 찾는 것이었다. 성폭력 피해자임에도 불구하고 의료인의 거부가 빈번하게 발생했고 해바라기센터 수탁 병원이나 성폭력 전담의료기관 중에서도 의료 제공 거부가 나타났으며 임신중단 의료 제공이 가능한 병원 정보가 공식적으로 제공되지 않았다. 의료인 또는 지원기관으로부터 거부당하는 경험은 그 자체로서 피해자에게 임신중단에 대한 낙인과 고통을 강화하였다. 어렵게 찾은 병원에서는 성폭력으로 인한 임신임에도 건강보험을 적용하지 않는 경우가 많고, 건강보험이 적용되지 않은 진료비는 의료비 기준의 부재로 대개 높게 책정되었으며 임신중단은 대개 수술적 방법으로 이루어졌다. 청소년 피해자의 경우 수사와 의료 지원의 모든 절차에서 부모 등 보호자의 동반 및 동의가 요구되고 있어, 보호자에게 알릴 수 없는 피해 청소년들이 지원 요청을 포기하게 되는 문제가 제기되었으며, 발달장애인 피해자의 경우에도 자기결정권 보장의 한계가 나타났다. 의료 지원과 수사 및 피해자 지원 과정에서 2차 피해가 발생하기도 했다. 임신중단 이후에는 재피해 예방을 위한 피임 지원이 제한적으로 적용되고 있었고 임신중단 이후 상담 및 지원 자원이 부족하였다. 관행과 정책의 한계 속에서 피해자 지원기관과 의료인들은 피해자와 연대하며 피해자 지원과 권리 보장을 위한 변화를 만들어가고 있었다. 임신중단 비범죄화 이후 국회에 제출된 낙태죄 개정안 중에는 처벌을 유지하면서 사유에 따라 제한하는 방식이 포함되어 있고 여성가족부에서도 성폭력 중 일부에 대해서만 임신중단 의료비를 지원한다는 지침을 유지하고 있다. 그러나 심층면접... Access to safe abortion is a key aspect of sexual and reproductive rights. However, even after the decriminalization of abortion in 2021, abortion care has not been normalized in South Korea. This study analyzes the current state of medical assistance and access to abortion after decriminalization, with a focus on abortion due to sexual violence, keeping in mind that abortion, even before decriminalization, was not punished and it was included in the government’s medical expenses subsidy. In-depth interviews with sexual violence victim support workers and healthcare providers revealed that while decriminalization has improved access to care and information, many interviewees did not see any significant changes in medical support for abortion for sexual violence victims. Both support organizations and providers often felt that “abortion has not been legal yet” and as a result, they felt that they were under pressure to make sure that a pregnancy was the result of sexual violence in order to justify providing assistance to victims. As a result they tend to impose strict requirements on victims for providing medical assistance for them. In some cases, support organizations required a complaint of sexual violence, DNA matching of the perpetrator and the fetus, a case conference decision by an external advisor, or parental consent for adolescent victims as prerequisites for medical assistance, which made it impossible for victims to receive assistance. In addition, the Ministry of Gender Equality and Family’s guidelines discourage supporting organizations to apply for assistance as the guidelines stress the possibility of being accused of false accusation and redeeming of support money. It was also pointed out that the guidelines do not specify whether to support medical expenses for pregnancies resulting from prostitution, so the possibility of support is ambiguous. The most difficult thing with regard to supporting abortion was to find a medical professional who would provide medical care ad abortion to victims. Despite being a victim of sexual violence, women were frequently rejected by healthcare providers and were not officially provided with information on which hospitals could provide abortion care. The experiences of being rejected by medical professionals or support organizations in itself caused worse stigma and pain of abortion for victims. Even at hardly found hospitals, it was often the case that hospitals refuse abortion operation expenses be covered by medical insurance and charged high fees while abortions were mostly performed surgically. Parental consent was required for all processes of investigation and medical assistance, leading adolescent victims to abandon their requests for assistance because they were unable to inform their guardians about their problems. There were also challenges in ensuring the right to self-determination for victims with developmental disabilities. Secondary victimization has been found occurred during the medical assistance, investigation, and victim assistance processes. Post-abortion support for contraception was limited, and counseling and follow-up support were scarce. Since the decriminalization of abortion, amendments to the abortion law were submitted to the National Assembly which maintain the punishment of abortion but limiting them based on respective of reasons. The Ministry of Women and Family Affairs’ policy regarding abortion is that it will only fund abortions in some cases of sexual violence. However, the results of the in-depth interviews show that no support for abortion is possible while criminalizing or stigmatizing it in principle. Given the above-mentioned interview results, this study recommends the measures to ensure the right to abortion for sexual violence victims.

범죄피해자 통합지원 네트워크 구축과 효율적 운영방안 - 실무적 접근을 중심으로 -

송귀채 한국피해자학회 2018 被害者學硏究 Vol.26 No.3

The service scheme for protection and support of the crime victims in the past has the public and private crime victim support centers to provide a simple economic support-oriented service, but it has been criticised that the economic support-oriented service does not satisfy diversified demands of those victims. Therefore, the local governments and private organizations that provide social services have structured an integrated support network for the crime victims in order to facilitate the recovery from damages and losses through the network system. The integrated support network for the crime victims shares mutually required services with diverse entities consisting of public and private organizations, police, hospitals, psychological counseling offices and others that provide social welfare services in local communities through entering into MOUs. This system may enhance overall utility value through expanding the use of service resources and efficient distribution within the local communities, preventing the repeated provision of services, and useful means to provide various services to crime victims. Therefore, for the successful structuring and efficient operation of the integrated support network, it is critical for all public and private social service constituents within the local communities to enthusiastically participate in while the network participating organizations to strengthen the sustained and organic cooperation. However, there are a number of issues emerged in structuring of the integrated support network for the crime victims and operation process. With respect to the scheme of policy to address these issues, there are suggestions of converting the service scheme to protect and support the crime victims, improvement of social service related legal system, enhancement of specialization for the network operator, supplementation of insufficient specialized human resources and others. In order to improve these issues, the endeavor of the government is important as well as the entire community to place effort for prompt system improvement to enable those crime victims to return to their ordinary daily affairs through restoration from losses. 과거 범죄피해자 보호·지원 서비스는 공공과 민간 범죄피해자지원센터가 단순 경제적 지원 중심의 서비스를 제공하였으나 경제적 지원 중심의 서비스로는 피해자의 다양한 욕구를 만족시키지 못한다는 비판을 받았다. 따라서 지방자치단체와 민간 사회서비스 제공 단체들이 네트워크 구축을 통하여 피해복구를 촉진하고자 범죄피해자 통합지원 네트워크를 구축하게 되었다. 범죄피해자 통합지원 네트워크는 지역사회에서 사회복지서비스를 제공하는 공공과 민간단체, 경찰, 병원, 심리상담소 등 다양한 주체들과 MOU 체결을 통해 상호 필요한 서비스를 공유한다. 이러한 시스템은 지역사회 내 서비스자원 이용확대와 효율적 배분을 통하여 전체 효용을 높일 수 있고, 서비스 중복 제공을 예방하며, 범죄피해자들에게 다양한 서비스를 제공하는데 유용한 수단이 된다. 따라서 통합지원 네트워크의 성공적인 구축과 효율적인 운영을 위해서는 지역사회 내 모든 공공 또는 민간 사회서비스 전달 주체들이 적극적으로 참여하여야 하고, 네트워크 참여 단체들이 지속적이고 유기적인 협력이 강화되어야 한다. 그러나 범죄피해자 통합지원 네트워크 구축과 운영과정에서 여러 문제점이 발견되었다. 이러한 문제점 개선방안으로 범죄피해자 보호·지원 정책 방향의 전환, 사회서비스 관련 법제의 개선, 네트워크 운영자의 전문성 제고, 부족한 전문 인력 보충 등이 제시되었다. 이와 같은 문제점 개선을 위해서는 정부의 노력이 중요하며 신속한 제도 개선으로 범죄피해자가 피해복구를 통하여 일상으로 돌아갈 수 있도록 사회 모두의 노력이 필요하다.

The Goal of the Terrorism Victim Support System

Woongshin Park(Woongshin Park) J-INSTITUTE 2024 International Journal of Terrorism & National Secu Vol.9 No.-

Purpose: In modern criminal proceedings, human rights guarantees have been discussed mainly for perpetrators who are expected to be punished in the future, but interest in the criminal law status of victims, which has been marginalized since 1980, has increased. Terrorist crimes will also not be free from this trend. No, terrorist crimes are crimes that require more importance in consideration of victims under the Criminal Policy and Criminal Procedure Act. Thus, The purpose of this article is to identify the current status and problems of the support system for victims of terrorist crimes in Korea and find ways to improve them. Method: Terrorism will also not be free from this trend. No, terrorism is a crime in which consideration should be given to victims under the Criminal Policy and Criminal Procedure Act. This is be-cause terrorist crimes, unlike ordinary crimes, have a very high need to repair property, physical and psychological damage to victims directly from criminal acts in that they are used as tools for human life and body, as well as take structures that massproduce such victims. This research begins with the question “Where is the current state of consideration for victims of terrorist crimes under our actual law?” To this end, we will first review the concept and scope of victims of terrorist crimes. This is because the concept of terrorist crimes is value-charged and the victims of terrorism are the same. In addition, the ministry conducted a review of the characteristics of the victims of terrorism. Based on these discussions, we look at the structure of the nation's sup-port system for victims of terrorist crimes and discuss the support of victims of terrorist crimes abroad. In particular, the government took the issue as a reference to the Korean government's plan to improve the support system for victims of terrorist crimes by examining the international community's response philosophy and support system, including the United Nations, in terms of guaranteeing the human rights. Finally, the Act on the Prevention of Terrorism and the Act on the Protection of Victims of Crimes reviewed measures to improve the support system for victims of terrorist crimes. Results: The main improvement measures for the support system for victims of terrorist crimes according to this paper are as follows. First of all, it was argued that the damage of terrorist crimes should be considered not only traditional physical damage but also metaphysical legal interests such as the right to self-determination of personal information. In particular, it was argued that the people's right to self-determination of personal information by performing investigation activities under the Anti-Terrorism Act and collecting information should also fall under the damage of terrorist crimes. Next, since most of the current support for victims of terrorist crimes focuses on the financial support system, it was proposed to strengthen access to support victims of terrorist crimes as well as the input of human and material assets to overcome the trauma of victims (although there are also payments for mental damage recovery). In addition, the Korean Crime Victim Support Center was ordered to play an active role in introducing an active victim support system such as CVAP in New York State. Conclusion: This research begins with the question “Where is the current state of consideration for victims of terrorist crimes under our actual law?” To this end, we will first review the concept and scope of victims of terrorist crimes. This is because the concept of terrorist crimes is value-charged and the victims of terrorism are the same. In addition, the ministry conducted a review of the characteristics of the victims of terrorism.

범죄피해자지원센터의 운영현황 및 활성화방안

김지선 한국피해자학회 2007 被害者學硏究 Vol.15 No.2

Nowadays it is widely accepted that victims of crime are no longer forgotten but a prerequisite to solve the issues of crime in the criminal justice system and crime policy. According to this perception, The Ministry of Justice, the Supreme Public Prosecutor's Office, Police, and the Supreme Court each have prepared the comprehensive countermeasures for strengthening of criminal victim protection and support. The common characteristics of the each government agency's comprehensive countermeasures give attention to non-profit/non-governmental organizations as a important partner which provide supports and services with the crime victim with government agency. To facilitating this interest was the private-initiated Support Center for Crime Victim founded in the Gimcheon and Gumi in September, 2003. But there are scarcely non-profit/non-governmental support or service organizations for general crime victims in other regions. Prosecutor which feel acutely the necessity of non-profit/non-governmental organization's activities in crime victim support and services played the trigger role in establishing a total of 55 Support Centers for Crime Victims in units of prosecutor's offices across the nations in short periods. Consequently, most Support Centers for Crime Victims across the nations is not voluntary grassroots non-profit organizations but government-initiated non-profit organizations organized by needs and plans of government, it is difficult for them to classify as the pure non-profit/non-governmental organizations. But currently most Support Centers for Crime Victims have organizational structure, appoint professionals and a leading figures of the locality to the committees, recruit the volunteers, and raise a fund from grants of local government and a leading figure of the locality. Therefore, externally they have been possessing the non-prof-it/non-governmental organization's frame, and some centers evoke a favorable response in the local community by actively providing supports and services for crime victim such as counseling, medical service, economic service, assistance to court, and victim-offender mediations etc. Therefore it is time for discussing about how to methods the Support Centers for Crime Victims stably and systematically provide supports and services meeting each regional crime victim's needs. By examining the activities and programs of 54 the Support Centers for Crime Victims during last one year(2005) and government's support policies to the Support Centers of Crime Victim as non-profit/non-governmental organization, this study reviews the problems of their management and the limitations of government's support policies, and considers methods to strengthen the Support Centers of Crime Victim's internal capacity and to enlarge the government's direct and indirect support policies to the Support Centers of Crime Victim.

학교폭력 피해자의 지원 방안

김경태(Kim, Gyeong-Tae) 한국피해자학회 2007 被害者學硏究 Vol.15 No.1

It is in the beginning of 1990s' that school violence emerged as social issue in Korea. When private organization related to school violence was established in 1995, it became to be publicly debated as social issue. As a result, the National Congress and the Blue House prepared measures to eradicate school violence, thereby enacting "Juveniles Protection Law" by legislation by Assembly members in 1997. Afterwards, there was progress in diverse fields, i.e., pushing forward general countermeasures of whole government against school violence by the enactment and enforcement of "Law on the prevention and countermeasure of school violence" and enforcement ordinance of the same law in 2004. Since supporting the victim of crime only by specific institution or government is inevitably subject to limit, it is required to ensure the organic cooperative system between relevant governmental institutions and private supporting organizations. This research examined the concept and reason of school violence and countermeasure against school violence in foreign countries as well as the present situation of school violence and present situation of supporting victims of school violence mainly around the ONE-STOP support center of the police. Based on this, the program to support the victims of school violence should be as follows. First, it is required to secure sufficient financial resources for supporting the victims materially such as economic or medical support to them, development of diverse programs, cultivation of organizations supporting the victims of crimes, etc. Second, considering that the alteration of recognition of the executers of law is essential to success in supporting the victim by enforced education and training and publicity activity of the police, it is required that the police should train staffs entirely and keep the posture of active support by visiting the victims in need of support, discarding the passive support. Third, as the activation of school violence countermeasure committee, I presented the support through protection of victimized students of school violence and conciliating dispute between the victims and offenders by school violence countermeasure planning committee and school violence countermeasure autonomous committee. Fourth, as expanded operation of school police, it is necessary to enhance the prevention education related to school violence, enforce psychological consultation and advice to support victimized students, temporary protection, medical treatment, replacement of class, suggestion of moving to other school and other measures necessary to protect the victimized students in enforcing re-training in the vacation of school police and the contents of training. Fifth, we proposed to build connection system with local community to respond school violence and to establish local community network which can be actually operated to support victims as important tasks.