원문정보
초록
영어
Currently, our Constitution, under its section 4 of Article 12, grants the right for a defendant or a suspect to get advocates' help, and if people accused crimes, but they cannot afford a private attorney, the nation assigns public defenders for them based on the law. However, in case of the victims of crimes, there is no case for the nation to assign public defenders for them. So judicial officers, civic groups, and scholars have consistently raised objections against it in terms of fairness and system. Especially our country has been ranked on the second place among OECD-member countries and the report rate of sex crimes makes up only 10%, and only a very small minority about 2% of sexual violence perpetrators have been actually punished. Under this situation, it is absolutely needed for the victims of sex crimes who are children, juveniles, the disabled, and their guardians to be assertive and to defend themselves in the legal part. Since the majority of them are often lacking the legal knowledge, it is also indispensable to give them the notice, explanation, and guide on legal rights to protect them in the process of investigation procedure by police and prosecution, and in the course of pretrial procedure by courts. Hence, the introduction of victim's public defender system was quite a significant progress to guarantee sex crime victims' rights. This system has its most significant meaning in terms that it is for crime victims who have been isolated and neglected for a long time. Specially, this system has been settled down as a system which supports children, the disabled, adolescents, women, etc., who got damages caused by sex crimes, to be able to appoint their lawyers helping them with legal aids for their rights. This thesis aims at deriving problems and improvement measures of Victim's Public Defender System through in-depth interview research on the participation and operation of the public defenders for victims with focusing on people in charge of One-Stop Assistance Center and police officials centered on Seoul and Gyeonggi, recognizing that it is necessary to check or review its actual condition whether it has been operated properly in the step of police investigations or if there are any problems revealed in operating this system.
목차
II. The Purpose of Victim's Public Defender System and its operation status
1. Concept of Victim's Public Defender System
2. Necessity of Victim's Public Defender System
3. Operation Status of Victim's Public Defender System
III. Issues on Victim's Public Defender System in the stage of investigation
1. Issues in Initial Police Investigation
2. Verification of Qualities and Abilities of Public Defenders for Victims
3. Illegality of Victim's Public Defender
4. Repeated statement not complying with the purpose of public defender system
5. Issues on designation of victim's public defender
IV. Improvement Measures of the Victim's Public Defender System in the Stage of Police Investigation
1. Necessity of Public Defender Support System Operating in night time, holidays, etc.
2. Necessity of Specialization of Victim's Public Defender for the Disabled
3. Participation of Victim's Public Defender at the first statement
4. Providing Victim's Right to Choose Public Defenders in the stage of investigation
5. Minimizing Repeated Statements through Cooperation of Investigative Agencies
6. Prevention of Application Abuse of Victim's Public Defender
7. Building Expertise of Victims' Public Defenders on Sexual Violence against Children
V. Conclusion
Bibliography
[ABSTRACT]