피해자참가제도의 바람직한 도입방안

A study on the introduction of Victim Participation System

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(hereafter referred to as "revision" in this paper). This paper will be examined following: ⅰ) the necessity and legitimacy of its introduction in our criminal system; ii) the participation form of some representative countries enacting victim participation system; iii) the revision act of the Department of Justice. This act modified and based on the Japanese victim participation system is restrictedly assisted by victim within the limit of maintaining the inquisitorial approach in which criminal prosecution is undertaken by a state service. However, the revision act leaves room for blame. It is desirable we have to reach the compromise that our victim participation system should have milder authority over the victim than in German, but more powerful authority rather than in Japan. Furthermore, we suggest, at this point, some improvements like revision of the right of victim to make statement, adoption of public defender for victim participation, and etc.