권리로서의 피해자진술권 확보 방안

Improvement Proposal on Victim Statement as a Victim’s Right

Victim’s position in criminal procedure is only the role as evidence in criminal justice agencies. The crime victim’s right is the constitutional right, the Constitution of the Republic of Korea §27⑤. Article 27, paragraph (5) of the Constitution of the Republic of Korea guarantees a victim of crime the right to give a statement during trial proceedings. Article 294-2, paragraph (1) of the Criminal Procedure Act specifies this constitutional right: “The court shall, upon receiving a petition from a victim of a crime or his/her legal representative (including his/her spouse, lineal relative, sibling, if the victim is dead), admit such victim as witness for examination.” Despite these provisions, a victim’s right to give such statements during trial proceedings has not been substantially realized in the Korean criminal justice procedure. But the right of crime victim can not be actually realized by criminal procedure law. The crime victim’s right should be always protect during the judicial proceedings. In the Constitution law §27⑤ and criminal procedure law §294-2, victim statement as victim’s right is regulated but insufficient to realize. The Constitution of the Republic of Krea §27⑤ guarantees a victim of crime the right to give a statement during trial proceedings. I would like to propose amendment of criminal procedure on victim statement as victim’s right.