형사절차상 범죄피해자권리의 헌법적 보장에 관한 연구

The Research on the Guarantee of Constitutional law for the Rights of Crime Victims in the Criminal Procedure

Until now, the question of crime victims has been researched as an object of the victim study, mainly in the field of criminal law or penal law. Our country’s criminal law, from 1990s, has changed its focus from the criminals the crime victims. Especially, with the constitution of the study association for crime victims, the question of crime victims has begun to be observed in a new light, in the entire field of criminal law. In 2000 year, the study on the crime victims has started to pay attention to the problem related with legal position and its rights in the criminal process, going beyond the economic and social consideration for crime victims. However, this protection law for crime victims, despite its declaration for the human rights for crime victims, is being interpreted as being founded on the constitution law §30, and its content is only filled with the formal regulations. Therefore, this present law has lost its essential intended meaning as the first unified law. Therefore, in this study, I intend to suggest a guide for the felicitous development about our country’s crime victims legal practice, by clarifying the legal basis for the rights of crime victims in the criminal legal process and thinking on the justified foundation to its related law. However, since there is few preliminary research which is done by our country’s scholars, I try to analyze the Unites States’ situation where a competitive discussion surrounding this question, has been debated during the past 20 years, in order to observe our situation comparatively.