형사절차에서 범죄피해자 진술과 참여권 보장을 위한 개선방안 - 범죄피해자의 정보권 보장을 중심으로 - = Study on Improvement Measures for Guaranteeing the Victim's Testimony and Participation Rights in Criminal Procedures - Focusing on the Guarantee of the Crime Victim's Right to Information -

다국어 초록 (Multilingual Abstract)

This study aims to derive measures to guarantee the testimony and participation rights of victims in criminal procedures based on the assurance of their right to information. For this purpose, the study reviews previous research and related laws and policies, focusing on the victims' right to information in South Korean criminal procedures to more actively approach the meaning, current state, and significant issues of the right to information.
Several noteworthy concerns about protecting information rights for crime victims have been identified. These concerns encompass challenges associated with accessing and obtaining copies of case records, the notification process for victims, the exclusion of victims from relevant cases, and a general lack of awareness within criminal justice agencies. Furthermore, upon careful analysis of the regulations about the entitlement of victims to access information, it has been observed that while they are safeguarded under the victim protection policy, there exists a notable disparity in the level of assurance provided as a legally enforceable right.
To address these issues, it is essential to develop measures to guarantee crime victims' access to information. With this, the study proposes expanding the range of applications for viewing and duplicating case records, mandatory notification and ‘right to know,’ adequate explanation of the investigation situation, and measures for enhancing the victim's awareness of their right to information. In addition, proactive measures are required to ensure the victims' right to testify and participate. The study recommends ensuring the right to testify during police, prosecution, and trial stages, enhancing the victim participation system, and instituting a new system for victim participation in trial proceedings. Through the findings of this study, it is hoped that crime victims, who have previously been considered “peripheral entities” in criminal cases, will be elevated to “central entities.”