현행 피해자변호사제도의 근거 규정에 관한 제언 -‘검사의 국선변호사 선정 등에 관한 규칙’을 중심으로-

Suggestions on the regulations of the current crime victim counsel system

In the past the crime victims had been excluded in the criminal procedure. Since 1970’s social attitudes to the status of crime victims have been changed in many countries, and legislations for the strengthening crime victim’s right, have been enacted over the past decades. An legal assistance and support for crime victims has been discussed even in academic world of Korea for a long time. It has been introduced and crime victim counsel. The current Constitution guarantees the victim’s right to statement in trial and the principle of “qualitative equality of arms. To provide legal assistance and support to victims is contribute to realize the victim’s right to statement in trial. The crime victim counsel has been introduced in the Act on the Protection of Children and Juveniles against Sexual Abuse in 2011, and it has been changed as of July 2017. And public counsel system for crime victims is implemented. The crime victims of sexual violence crime and child abuse crime can be supported legally by public counsel. But there are several weak points and loopholes in the regulations and rules, so they need to be supplemented. In this article, I review the implementation process of the current crime victims’ public counsel system, and examined the provisions of the crime victim s counsel system. And after that, I will suggest some opinions about applicable regulations and improvement of that system.