형사절차상 불기소처분에 대한 대응방안 (The Countermeasures of the Non-indictment in the Criminal Procedure)

서지정보

· 발행기관 : 한국경찰법학회
· 수록지 정보 : 경찰법연구 / 8권 / 1호 / 150 ~ 173페이지
· 저자명 : 정도희

초록

A victim has been growing out of a status as a marginal man by steps under the influence of the amendment of the Code of Criminal Procedure in 2007, which includes new and revised regulations which strengthen victims' position. But the current Code does not protect the right of victims thoroughly. Now it is time to examine provisions of victims protection on current Code of Criminal Procedure to inspect the right of victims on the criminal proceedings.
Considering that the original purpose of legislation of Crime indictable upon a complaint was to protect the honor of the victims, however, in particular, Crime indictable upon a complaint in Sexual Violent Crime Victim is so irrational that it must be abolished.
Person who request for ruling must take charge of the expenses which is stated in the current Code of Criminal Procedure, but this is inclined to deter the use of request for ruling itself. The revised Code of Criminal Procedure abolished the sustainment of public prosecution of a lawyer and introduced that of a prosecutor.
In fact, such a change can be seen as measures to extend the right of the prosecution by granting a prosecutor the right to sustainment of public prosecution as well as the right to take a hand in investigation.
Under the current Code of Criminal Procedure, it is impossible for a complainant to apply for constitutional complaint after passing request for ruling. This is the reason why there actually exists no way for a complainant to deny ruling of dismissal of Court for request for ruling. It can be considered as quite a irrational measure.
An amendment should be made considering that our regulation contains both of the public characteristic as a control regime against non-indictment and the private characteristic as a relief for the interests of the victim.

영어초록

A victim has been growing out of a status as a marginal man by steps under the influence of the amendment of the Code of Criminal Procedure in 2007, which includes new and revised regulations which strengthen victims' position. But the current Code does not protect the right of victims thoroughly. Now it is time to examine provisions of victims protection on current Code of Criminal Procedure to inspect the right of victims on the criminal proceedings.
Considering that the original purpose of legislation of Crime indictable upon a complaint was to protect the honor of the victims, however, in particular, Crime indictable upon a complaint in Sexual Violent Crime Victim is so irrational that it must be abolished.
Person who request for ruling must take charge of the expenses which is stated in the current Code of Criminal Procedure, but this is inclined to deter the use of request for ruling itself. The revised Code of Criminal Procedure abolished the sustainment of public prosecution of a lawyer and introduced that of a prosecutor.
In fact, such a change can be seen as measures to extend the right of the prosecution by granting a prosecutor the right to sustainment of public prosecution as well as the right to take a hand in investigation.
Under the current Code of Criminal Procedure, it is impossible for a complainant to apply for constitutional complaint after passing request for ruling. This is the reason why there actually exists no way for a complainant to deny ruling of dismissal of Court for request for ruling. It can be considered as quite a irrational measure.
An amendment should be made considering that our regulation contains both of the public characteristic as a control regime against non-indictment and the private characteristic as a relief for the interests of the victim.

참고자료

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