당사자주의 소송구조에 있어 범죄피해자의 권리 -미국의 범죄피해자권리법(2004)을 중심으로 - (Victims' Rights in the Adversary System - The focus on the U. S.'s Crime Victims' Rights Act(2004) -)

서지정보

· 발행기관 : 한국피해자학회
· 수록지 정보 : 피해자학연구 / 19권 / 1호 / 35 ~ 56페이지
· 저자명 : 류병관

초록

Our country(South Korea)'s victimology has recently showed many outcomes, starting with the introduction of 2004 Crime Victims Act. It established the Criminal Victims-related Regulation in 2007, June, 01 through the revision of Criminal Procedure Law, introduced the Criminal Meditation in 2010, May, 14 through the revision of Criminal Victims Protection Law, and finally, from the late times of 2010, has considered the introduction of Victim Participation System under the leadership of the Ministry of Justice.
However, the introduction of Criminal Victims' Participation in the procedure of a public trial can cause a conflict with the defendant's traditional rights protected by the Constitution or the Criminal Procedure Law, in the changing process of the Criminal Procedure Law that strengthens the Adversary System. Moreover, this conflict can be developed into the limiting factor of the extension of Victims' rights, concerning the question whether it can acknowledge victims as the procedure party and offer the proper rights to them.
United States who has kept the adversary system throughly, has protected substantially the Victim's Right Regulations which have been suspected of their effectiveness, with the Federal Legislation, through the establishment of 2004 Crime Victims' Right act. This also has protected completely the victim's participation in the criminal procedure. At present, U. S, however, undergoes the confusion in the real enforcement of the law, in the interactions between the court, the prosecutor, and the defendant's rights, and the victim's rights after the enforcement of CVRA.
This study investigates the debates aroused in the recent U. S after the 2004 enforcement of CVRA, surrounding the conflict of rights among the procedure subjects, which the criminal victim's participation in the Criminal Procedure in the Adversary System, can bring about.

영어초록

Our country(South Korea)'s victimology has recently showed many outcomes, starting with the introduction of 2004 Crime Victims Act. It established the Criminal Victims-related Regulation in 2007, June, 01 through the revision of Criminal Procedure Law, introduced the Criminal Meditation in 2010, May, 14 through the revision of Criminal Victims Protection Law, and finally, from the late times of 2010, has considered the introduction of Victim Participation System under the leadership of the Ministry of Justice.
However, the introduction of Criminal Victims' Participation in the procedure of a public trial can cause a conflict with the defendant's traditional rights protected by the Constitution or the Criminal Procedure Law, in the changing process of the Criminal Procedure Law that strengthens the Adversary System. Moreover, this conflict can be developed into the limiting factor of the extension of Victims' rights, concerning the question whether it can acknowledge victims as the procedure party and offer the proper rights to them.
United States who has kept the adversary system throughly, has protected substantially the Victim's Right Regulations which have been suspected of their effectiveness, with the Federal Legislation, through the establishment of 2004 Crime Victims' Right act. This also has protected completely the victim's participation in the criminal procedure. At present, U. S, however, undergoes the confusion in the real enforcement of the law, in the interactions between the court, the prosecutor, and the defendant's rights, and the victim's rights after the enforcement of CVRA.
This study investigates the debates aroused in the recent U. S after the 2004 enforcement of CVRA, surrounding the conflict of rights among the procedure subjects, which the criminal victim's participation in the Criminal Procedure in the Adversary System, can bring about.

참고자료

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