한국의 피해자참가제도

Victim Participation System in Korea

Recently, the Criminal Law Revision Committee in the Department of Justice offers the desirable introductions into our victim participation system by providing five provisions on criminal procedure act §§ 294-4~ 294-9. In order to adopt a direct participation system for crime victims, two possible ways are presently being considered. In the first proposal, crime victims become adverse parties in criminal trials (as in China or Germany). This proposal would require wide-ranging reforms of the current structure of the criminal litigation. Under the second way, crime victims are still participants in the criminal proceedings, but their right to and scope of participation is broadly expanded (as in Japan). This latter system allows the court to maintain - or only slightly modify - present criminal justice practices. I suggest the implementation of a victim participation system in Korea based primarily on the second model, but allowing crime victims abroad range of rights to participate in the criminal procedure, eventually admitting crime victims as quasi-adversarial parties at trial. After the initial implementation of the system, I believe that the second step is to move toward legislation following the first participation model. However, since the first model requires such tremendous changes in th present Korean criminal justice system, close monitoring of the victim participation model and further public discussions on this topic should be a prerequisite for adopting this model. The adoption of provisions to allow victims to participate in proceedings is an important change in the criminal procedure. Victims's right to participate in the proceedings is one of the main innovative features of the Court. Victim will have a right of Victim Impact Statement and Victim Statement Opinion in Korea. One of the court's main function is the establishment of truth and in this sense participation of victims may contribute to the accomplishment of this goal. A justice system cannot be complete without taking into account the existence of victims of crimes and what they have to say about the violence they have experienced during conflict situations.