개정 형사소송법상의 피해자진술권 제도에 대한 검토

A Study on the Victim's Right to Make Statements in Court

Victims' role in the criminal procedure attracts increasing attention among lawyers and criminal justice agencies. They report crime to the police, furnish the investigators and the prosecutors with evidence, and act as witnesses in court. Without their co-operation, not a few criminals would remain unknown and unpunished. So victims are often induced to make statements about their experiences by criminal justice agencies. But it is reported that the impact of the criminal process is sometimes tantamount to secondary victimization. With this understanding, South Korean Criminal Procedure Law was amended to provide criminal victims with the circumstances and opportunities to make unrestricted statements in court. Especially some provisions have been made for the aids of relier, the use of screen and live video-links while interrogating victim-witnesses in 2007. This article examines these amended and established provisons about the victim's right to present his claims in court.