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경찰의 범죄피해자보호에 관한 실태분석과 개선방안

원문정보

A Study on the Protection of Criminal Victims by Police in our Country

박종철

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초록

영어

Although each criminal and judiciary institution such as police and prosecution take actions for crimes through various criminal control strategies, interests in victims as another entity in the occurrence of crimes stay to the extremely minor portion because the strategy has been organized around the offender. In addition, the criminal victims have been recognized as a type of forgotten actors and their importance has been pushed away to the invisible zone as the studies have been traditionally made around the cause of crimes and handling of criminals from the perspective of offenders.
This essay examined the recent occurrence per crime, type of support policy for criminal victims and their details to identify the situation on the criminal victims who have been isolated as such and their support policies, while aiming at analyzing and seeking for the policy to protect victims by police as police contact the criminal victims for the first time.
This essay has characteristics differentiated from the above preceding studies because the existing scholars only focused on the time after a crime occurred for the point of protecting victims, as it approaches with the awareness of problems that the existing scholars failed to find out the importance of people directly or indirectly associated with the criminal damage under the psychological and realistic (geographical) connection who could easily exposed to crimes.
For such a reason, people exposed to the criminal damage although they have not victimized yet by a crime have been kept out of interests in various laws and systems relating to victims. Hence, there is no specific study up to now because they have not been recognized by scholars for the policy to protect victims in terms of various criminal prevention activities by police. Accordingly, police have not acquired an image for an agency to protect victims although they mainly carry out the works for the protection of victims. Also, they have not been given the criminal victim rescue fund because they failed to become the entity of the fund.
Accordingly, this essay attempts to prepare for the ground where police organizations can be recognized as the entity for the protection of criminal victims by focusing on analysis for policies to protect criminal victims through criminal prevention activities at the police stage which have been relatively neglected by the preceding researchers, under the recognition that the criminal prevention also belongs to the activity to protect criminal victims in a broad meaning by moving the point of criminal victims limited to the point after a crime occurs to the stage right before the crime occurs, for victims in a broad meaning in the classification of general victims.
This study carried out the following analyses for actions by police, which have been excluded from discussions over the protection system for criminal victims despite a number of efforts as mentioned earlier.
First, it is necessary to prepare the manual for ‘the rights of emergent and temporary actions’ by police at the site of family violence which is introduced by the amendment of the Special Act on the Handling of Family Violence.
Second, it is necessary to establish the ‘guidelines to handle the self-defense from violence and others’ to prevent the massive unfair victims out of the custom accusation due to violence by both parties.
Third, it is necessary to have the active search and case handling with the entire functions of police when any missing child occurs.
Fourth, it is necessary to have active actions for school violence which has
already been evolved similarly to adult crimes and to strengthen precautions for school violence including the sweeping of ‘Iljin Criminal Circle’ as their source.
Fifth, it is necessary to make efforts to protect victims from children crimes
with the house to keep children safety and helper to keep children safety for the strengthened security in cooperation with local communities.
Sixth, it is necessary to strengthen considerations for minorities including minor criminal victims in response to the protection and demand for the rights of criminal victims.
In addition, this essay suggested the following improvement plans for the protective plans of criminal victims through the criminal precautions by police.
First, it is necessary to grant police the right to appoint a legal advisor for the protection of victims in children violence.
Second, it is necessary to introduce the criminal adjustment system at the stage of police together with its sufficient guidance.
Third, it is necessary to have the expanded installation of one-stop support centers, expand the participation system of specialists in sexual violence damage, and reinforce the educational programs.
Fourth, it is necessary to have the expanded implementation of ‘the parallel system with police and teacher’ to protect victims from school violence, ‘patrol squad with parents’, and ‘mentor team for the school from which I graduated’.
Fifth, it is necessary to actively introduce the system for the precaution and
prompt action to prevent children from missing using the scientific technology.
This study shows some lacking aspects in the criminal prevention, studies on the correlation of damage and establishment of policies because there is no clear concept and standard on what the protection of criminal victims is all about through the policies of crime prevention by police. Consequently, it is necessary to have the realistic survey and research in link with the crime prevention and protection of criminal victims in consideration of roles and activities by police in any study on the protection of criminal victims at the stage of police in the future. Although it is considered lacking, this essay is expected to become grounds to provide the theoretical base for the advancement of police in the future.

한국어

본 연구는 기존 학자들이 피해자 보호에 관한 시점을 범죄발생 이후에만 초점을 맞추고 범죄에 직간접적으로 노출되어 있는 사람들을 범죄예방의 객체로 두고 그 중요성을 찾지 않았다는 것에 문제의식을 가지고 접근하였다. 즉, 아직 범죄피해를 당하지 않았으나 범죄피해에 노출된 사람들은 각종 피해자 관련 법률과 제도의 관심 밖에 있었고, 그로 인해 경찰 단계에서의 다양한 범죄예방활동이 아직까지 피해자보호정책으로 학자들 사이에 인식되지 않아 아직까지 구체적인 연구가 이뤄지지 않았다. 또한 경찰이 피해자보호 업무를 주로 하고 있음에도 불구하고 피해자보호기관이라는 이미지를 얻지 못하고 있어 범죄피해자구조기금의 주체가 되지 못해 기금자체를 배정받지 못하고 있는 것이 서글픈 현실이다.
따라서 본 연구는 범죄발생 이후에 국한하였던 범죄피해자 시점을 범죄발생 직전 단계까지 앞당겨 범죄예방 또한 광의의 범죄피해자보호활동이라는 인식하에 선행연구들이 , 비교적 소홀히 다루었던 경찰 단계에서의 범죄예방 활동을 통한 범죄피해자보호시책 등을 집중 분석함으로써, 명실상부 경찰기관이 범죄피해자보호의 주체로 인식되는 토대를 마련코자 한다

목차

<국문초록>
 Ⅰ. 서론
 Ⅱ. 연구의 논의
  1. 범죄 피해의 개념과 분류
  2. 범죄피해자보호의 필요성
  3. 선행연구의 검토
 Ⅲ. 각종 범죄 피해의 실태 파악
 Ⅳ. 우리나라의 범죄피해자 지원제도 분석
 Ⅴ. 외국 범죄피해자의 정책
 Ⅵ. 경찰의 피해자보호제도 체계 및 시책
  1. 경찰의 피해자보호 체계
  2. 경찰의 피해자보호에 대한 대응책 (범죄예방 과정을 중심으로)
 Ⅶ. 범죄피해자보호를 위한 경찰의 개선방안
  1. 경찰에 법률조력인 지정권 부여
  2. 피해자 전용 긴급상담전화 개설 및 국선변호인 의무규정 신설
  3. 형사조정제도의 충분한 안내 등 제도 개선
  4.「여성․학교폭력 ONE-STOP 지원센터」확대 설치
  5. 성폭력피해 전문가 참여제 확대 및 교육프로그램 보강
  6.「경찰관 겸임교사제」및「부모와 함께하는 순찰대」등 확대 운영
  7. 학교폭력 방지「모교 멘토팀」구성 활동 강화
  8. 실종아동 예방 및 신속한 위치확인 종합시스템 구축
  9. 실종아동 등 프로파일링 시스템을 지자체 연계 활용
 Ⅷ. 결론
 〈참고문헌〉
 

저자정보

  • 박종철 Jong Cheol Park. 서울송파경찰서 112종합상황실

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