형사소송법상 피해자진술권의 한계와 강화방안 = Limitations of victim`s right of statement and plans of its reinforcement in accordance with the Criminal Procedure Act

다국어 초록 (Multilingual Abstract)

What must be taken into consideration in reinforcing the victim’s right of statement, a key element of the criminal victim participation system include interaction between the criminal victim participation system and the victim protection system, coherence with the current litigation structure and the substantiality of statement. The interaction refers to the act of having the criminal victim participation system and the victim protection system associated with each other and of performing mutual supplementation while providing legitimacy and direction. The criminal victim protection systems currently available in Korea do not take participation into account, which raises a need to come up with the inclusive legislation that incorporates the victim opinion statement system into the victim protection system. The victim``s statement system should expand within the victim’s participation system, and as subsequent provisions, protection system should be introduced. What matters in reinforcing the victim opinion statement system is to ensure coherence with the current structure of criminal procedure. I find the criminal victim participation system in Japan coherent with our litigation structure. It should have consistency with our lawsuit structure and enable victims to make statements. For a victim to be able to substantially state his or her own interests and concerns, the victim should be able to make a statement as a ‘victim’, not as a witness. On top of it, a victim should be able to state his or her interests during the investigation and penalty execution procedure as well. In conclusion, the victim opinion statement system should ensure coherence with our litigation structure with a proper support of the criminal victim protection system while inducing active statements from a victim. On top of it, the substantial and procedural environment that facilitates victims to state their own interests should be created and its prevalence should be encouraged