• Title, Summary, Keyword: 피해자

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A Study on the Protection of Criminal Victims by Police (경찰의 범죄피해자 보호에 관한 고찰)

  • Jeong, byeong-gon
    • Proceedings of the Korea Contents Association Conference
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    • pp.219-220
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    • 2018
  • 경찰은 2015년 '범죄피해자 보호 원년'을 선포하고 전국 경찰서에 피해자전담경찰관을 배치하는 등 지속적인 보호조치를 실시하였고, 2018년에는 경찰법과 경찰관직무집행법의 경찰 임무와 경찰관 직무 범위에 '범죄피해자 보호'를 명시해서 범죄피해자 보호를 강화하고 있지만, 강력사건에 피해자전담경찰관이 현장 출동자와 동행하도록하는 등 현재보다 경찰의 범죄피해자 보호제도가 더 확충되어야 하며, 사건의 가해자에 대한 철저한 수사도 필요하다. 경찰은 범죄가 발생하지 않도록 예방하여야 하고, 범죄가 발생한 경우에는 수사 전과정에서 범죄피해자 보호중심으로 수사하여야 국민의 신뢰도 얻고 실체진실발견에도 도움이 될 것이다.

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Study on the police's protection·support of victims-declaring the Victims Protection years (피해자보호원년을 선언한 경찰의 범죄피해자 보호·지원에 관한 연구)

  • Gong, Jung-Sik
    • Korean Security Journal
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    • no.45
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    • pp.7-35
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    • 2015
  • South Korea's socioeconomic status is high enough to support services for the protection of crime victims. Until now, the Ministry of Justice was the only institution to protect and support the victims, but recently the national police is included. This is considered preferable, since the police is the one to contact the victims first- they can provide immediate support after the incident. Several limits in current laws and crime protection system exist. Therefore, given the importance of protecting victims, model of public-private joint forms should be considered. In premise of establishing a new relationship between the public-private joint system of justice and the maintenance, the range of police's involvement with crime supports will be determined. In the case of developed countries, the police and private organizations maintain close cooperation, appearing as substantial care and support for crime victims. Therefore this study reviews the problems in crime victim protection, assistance from the police stage, and suggest the improvements as follows. The first is to redefine the role of the police who first contacted in the crime victims protection support, the second is to establish a permanent cooperation framework, such as victims specialized police, victims protection agency, the third is to develop services for victim protection available from the police stage, and the fourth, opening Victim Support Center functioning as a temporary accommodation or safety zone for the personal protection of victims. The fifth is to regularize solution conference for victims' protection, and the sixth is to divide of roles in state organization government in charge of victim's protection and local government responsible for victim's support.

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Noncooperative Behavior of the Offended in Provision of Self-Protective Measures (자기보호조치 제공에 있어서 피해자들의 비협조적인 행동)

  • Choi, Youn-Sang
    • Environmental and Resource Economics Review
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    • v.9 no.5
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    • pp.877-901
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    • 2000
  • 이전 가능한 환경오염으로부터의 피해자가 오염으로 인해 발생하는 피해를 줄이기 위한 방안으로 자기보호조치(self-protective measure)를 제공할 수 있다. 이 때 피해자들이 서로 비협조적으로 행동할 경우 피해자들의 자기보호조치 제공은 환경오염으로 인해 발생하는 시장실패 이외에 피해자들이 자기보호조치를 적정량 이상으로 제공함으로써 추가적인 시장실패를 발생시키게 된다. 이러한 경우에 사회최적 상태에 도달할 수 있도록 하는 최선의 정책은 환경오염을 발생시킨 측과 자기보호조치를 과다하게 제공하는 피해자 모두에게 피구비안(Pigouvian) 세금을 부과하는 것이다. 만약 오염자가 방출되는 오염물의 양을 줄이기 위해 예방조치(preventive measure)를 취함에 있어서 그 죄가 피해자에게 주는 실질 효력이 불확실할 때 피해자의 반응은 자기보호조치의 예방조치에 대한 한계생산곡선의 모양에 좌우된다. 또한 자기보호조치의 제공과 예방조치의 효력에 대한 위험성간의 관계는 피해자의 생산함수 형태에 좌우된다.

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A Study on Crime Victims' Right to State (범죄피해자의 진술권리에 관한 연구)

  • Park, Ho Jung;Lim, Hee
    • Journal of Digital Convergence
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    • v.11 no.9
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    • pp.13-20
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    • 2013
  • It was just over 20 years ago that the victim who had been seen as the forgotten man in criminal justice system for a long time started to participate in criminal proceedings and state his opinion. Other countries such as America and Japan provide crime victims with the opportunity to state freely about facts of damage as well as their opinions in criminal proceedings at present. However, Korea gives the victim the right of statement as a witness, though the statement of crime victim's opinion is the constitutional right. That is, as crime victims are not free from perjury they cannot actively state their views. Meanwhile, if the freedom of crime victims' statement is guaranteed in law and victims can state opinions with their own voice, victims' statement of opinion will help the victims treat and relieve their psychological damages. For these reasons, it is desirable that Korea, like the U.S. and Japan, gives crime victims the right to state their opinion without fear of perjury in criminal proceedings not as witnesses but as the aggrieved party.

The Volume and the Quality of Media Visibility according to the Hierarchy of Offender and the Victim (가해자와 피해자의 위계(hierarchy)에 따른 매체가시성(media visibility)의 양과 질 네트워크 분석)

  • Hong, Ju-Hyun
    • The Journal of the Korea Contents Association
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    • v.17 no.8
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    • pp.520-534
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    • 2017
  • A sex offense report highlights the victim as well as the offender involved in the sex crime. This study explored the hierarchy between the offender and the victim, based on the frequency analysis and network analysis. In case that the perpetrator is a celebrity, the media focuses more on the celebrity's actions. The volume of reports for cases where the offender has a position superior to the victim's (offender superior relationship) is larger than for those where the two have a horizontal relationship. The press highlights the celebrity in offender superior relationships and the victim in horizontal relationships. The celebrity is held responsible for the cause of the crime in the offender superior relationship. However, the victim him/herself is held responsible for the perpetrated offense in horizontal relationships. According to the results of the analyses in this study, the press fails to protect human rights and privacy in offender superior relationships.

Protective Way Improvement of a Crime Victim's Rights of Portrait (범죄 피해자의 초상권보호 개선방안)

  • Joen, Chan-Hui
    • The Journal of the Korea Contents Association
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    • v.9 no.4
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    • pp.286-298
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    • 2009
  • Became large a problem we were productive movement of information became large and occurring to diffusions of development of public media and Internet use. While the Internet became a generalization, public media had more influences and risks, and a crime to abuse anonymity became large in cyber space. In addition, damage is becoming expanded reproduction that infringe of ' crime victim's rights of portrait'. The point that is most important in order to improve these points is recognition regarding the special situation of crime victim, and the ethic consciousness and independent operation regulation and regulation system that these point was taken into consideration in the public media and Internet operation that are an information producer is necessary, and Internet portal shall be included like Internet newspapers to the arbitration object of the Press Arbitration Commission. Also, a legal system regarding personal responsibility shall have for protection of a crime victim's rights of portrait by personal information activity for protection in cyber space. Suggest to a portrait of a crime victim, and an individual and social rights security effort are required for activation regarding an infringement relief system.

The Protection of Criminal Victims and the Improvement of Relevant Laws (범죄피해자 보호와 관련한 법률의 개선방안)

  • Song, Kwang-Soub
    • Korean Security Journal
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    • no.13
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    • pp.235-258
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    • 2007
  • Every crime involves a victim and an offender. The offender, from the start of the criminal investigation, is considered as a suspect. After prosecution, he/she becomes the accused, and under consitutional law and criminal procedural law, has the right to enforce the contests of the acts. On the other hand, the victim or his/her family, despite being the person harmed, has very few and comparatively weak rights. To overcome this problem, the Korean criminal justice has recently recognised 'the protection and support of the victim' as a major proposition, and the police as well as the prosecutor's office have been releasing improvement plans for the protection of victims. Setting the above as the background, this thesis deals with the current victim protection acts and discusses the methods to improve them. This study will investigate a more reasonable and effective method of victim support and protection. Currently korea's laws regarding victim protection are not satisfactory, however it is fitting to say that it is certainly an external outline of what it should be. This has been due to the enforcement and creation of 'criminal victim protection' and has acted as a key to more improvements ever since. Despite this, the lack of commitment in human and financial resources to enforce these laws has now produced a possibility of the laws proving to be nothing but an unopened letter. To prevent this from happening, the victim nothing but an unopened letter. To prevent this from happening, the victim protection related laws need to be revised to be more practical and secure. Despite this, the lack of commitment in human resources and financial resources to enforce these laws has now produced a possibility of the laws proving to be nothing but an unopened letter. To prevent this from happening, the victim nothing but an unopened letter. To prevent this from happening, the victim protection related laws need to be revised to be more practical and secure.

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Study on Improvement of Family Assistance System for Victim's Family of Air Traffic Accident (항공사고 피해자 가족지원 제도개선 연구)

  • Jeon, Jong-Jin;Kim, Hui-yang;Yoo, Kwang-Eui
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.315-343
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    • 2018
  • In the event of an air accident, the media and members of the general public pay attention to the victim of the accident and are deeply concerned about their actions and rewards. However, through the accident of Air China(CCA) Flight 129, which occurred in 2002, we were able to confirm that it is a real problem that the victims of the air accident as well as the victims suffer much suffering and serious aftermath. Nevertheless, Korea's system for assistance the families of victims of air accident is very poor. On the other hand, when Trans-World Airlines(TWA) Flight 800 exploded and crashed over the Atlantic Ocean in 1996, the United States enacted a law to assistance the families of the victims of the accident. According to this law, systematic assistance and management of not only the victims of the accident but also their families, minimize the additional damage of victims and victims' families and help them to get rid of the accident after the accident. In particular, the measures taken by the US authorities in response to an accident in which an Asiana Airlines flight(AAR) 214 crashed during a landing at San Francisco International Airport in 2013, made a lot of suggestions for us to assistance the victims and their families in an air accident. The purpose of this paper is to suggest the necessity of improving the system for victims and victim's family assistance in air accident. In this paper, we analyze the domestic and foreign legal systems and related cases in past accidents, identify the deficiencies of the Korean system, and derive the necessity to improve the related system. It is also important to make sure that victims' families are relieved from early psychological and economic shocks and that the results of accident investigations are reliable. Relevant ministries, airlines, and related agencies should recognize that prompt and systematic assistance and cooperation is needed to ensure that victims and families are relieved of the impact and confidence in the investigation, as is the case in the United States. In addition, efforts should be made to supplement the related laws for the assistance of aircraft victims and victims' families, to establish manuals for implementation, to plan and to implement them promptly in the event of an accident. To achieve this, it is necessary to establish regulations for the legal institutionalization of the roles and responsibilities of national and state agencies on victims of aviation accidents and family assistance. And the victim and family assistance plan that the airline has to submit to it, as specified in the current law, need to specify that item. In addition, new and supplemented contents should be integrated into a single clause or proposed as a separate special law for the purpose of applying a clear law.

A Study on the Help for the Victims of Crime -Focusing on the Police Community in Korea- (범죄피해자 보호정책의 결정요인에 관한 연구 -경찰조직을 중심으로-)

  • Ahn, Hwang-Kwon
    • Korean Security Journal
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    • no.9
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    • pp.261-288
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    • 2005
  • This paper is concerned on the reality and the effected factors to the help for the victims of crime in the police. In our society the related enacted law and polices for the victim of crime have been practiced, but it was not easy to be helped or supported in some ways. On the contrary the victims have been used as tool of investigation or just the sources of witness on the crime. These days the issue of the victims of crime is one of the most concerned matters to the public, and it turns to on of core issues in the law enforcement community. According to the filed survey for the study, the female and higher level or longer careers than the male and lower level or shorter careers in the police are more positive on the help for the victims of crime. But if the members in the law enforcement community would be trained up with the organized program to fulfill their duties, they could be in positive on the help for the victimes of crime.

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A Study on the Role of Police for the Crime Victims Protection (범죄피해자 보호를 위한 경찰의 역할에 관한 연구)

  • Shin, Seung-gyoon
    • Proceedings of the Korea Contents Association Conference
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    • pp.83-84
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    • 2012
  • 현대사회 환경의 변화와 개인생활의 복잡 다양화는 시민의 안전한 삶을 위협하는 요인들로 특히 범죄피해를 당하게 되면 피해당사자는 정신적 물질적으로 회복이 힘들고 피해의식과 두려운 기억에 의한 원만한 대인관계의 불가능이나 가족과 친지에게도 큰 상처를 남기게 된다. 경찰의 국민보호는 기본 임무이며, 주요 임무 중 하나인 수사도 국민보호의 차원에서 이루어지고 있는 활동임에도 이러한 경찰활동은 피해자의 신뢰와 협력 없이는 목적을 이룰 수 없으므로 이들 범죄피해자를 위하여 경찰에서도 적극적인 노력을 기울여야 한다. 본 연구에서는 경찰의 범죄피해자 보호 실태와 문제점의 주된 내용을 살펴보고, 그에 대한 대책을 살펴보도록 한다.

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