수사기관의 내사활동에 대한 피해자학적 조명

A Study on the Pre-Investigation Activities of the Investigatory Authorities with the Perspective of Victimology

Pre-investigation should be recognized as an useful measure which could minimize the result of damage to an innocent suspects or prevent them previously from suffering of unexpected victimization, before a formal investigation process starts. Additionally, it should be also considered as a reasonable system that enables the speedy recovery for the victims who became the target of the criminal and made accusation against the offenders to the investigation authorities, without taking the official and delayed investigation process. The pre-investigation system, however, has some problems in the aspect of its management on the field area of investigation. For instance, it has been likely to be used as a tool to avoid the control mechanism of criminal procedure which is designated to secure the human rights of the concerned people. Exactly to speak, the victimization originated from pre-investigation activities would be considered as not only victims’ primary distressed experience if they would be under illegal interim investigation, but also their secondary victimization, if the accusation of real victims would be dismissed by investigators’ inappropriate final decision. To overcome these problems which would cause many victims of pre-investigation stage to feel anguish, we need to seek the suitable strategies to solve those issues, such as developing the training program of investigators’ sensitivity to the victimization, equipping more solid control system which could supervise the investigators whether they keep the principles or not for securing human rights. Especially, the proper remedies should be prepared at a sufficient level for victims’ rapid recovery when they are victimized by pre-investigation authorities.