범죄피해자의 의견진술권에 관한 연구

A Study of Victim Impact Statement

The position of crime victim is recently raised again through establishment by crime victim protect law but it is only form. In common, criminal course, protection of victim is divided into manhunt stage, public trial (judgment) stage, and the execution of a sentence stage. Especially, in these stages, public trial stage, first of all, victim’s victim impact statement is important. Therefore, in our nation’s constitution law, article 27th clause 5 and criminal procedure law, article 294 clause 2, victim’s right of opinion statement is prescribed but they don’t smoothly play a role for various problems. In the U.S.A. case, there are two statement, the one is VIS(Victim Impact Statement) which states victim results in formalities of assessment of a case and the other is VSO(Victim Statement Opinion) which states opinion of assessment of a case are prescribed, and they maximumly guarantee victim. These ayes or noes of prescriptions are argued away but, in the U.S.A., most of states are carrying out. England, Germany, France are existing action civil, especially Germany has the system of Nebenklage, she guarantees victim’s participation of public trial course. Yet, our nation don’t approve these systems and, in the only law, it is formally guaranteeing victim’s right of opinion statement in the public trial course. Accordingly, in the future these advanced nation’s systems introductions are urgent. This article criticizes for problems of victim’s opinion statement system in our nation, and considers a counterplan. And especially I forcus to look into the U.S.A.’s VIS and VSO, and view to how can we apply.