• Title/Summary/Keyword: 피해자권리

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Comprehension of 「Crime Victims' Rights Guide」: Focused on Before and After the 2019 Revision (「범죄피해자 권리 안내문」의 이해도 비교연구: 2019년 개정 전·후를 중심으로)

  • Park, Song Hee;Kim, Min Chi
    • Korean Journal of Forensic Psychology
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    • v.11 no.3
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    • pp.241-265
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    • 2020
  • The purpose of this study is to compare the current victims' rights guide, which was revised during 2019, with former victims' rights guide to determine whether the current guide improved the comprehension of victims' rights among lay people. In addition, we examined the effect of the level of education and perceived stress on the comprehension of the victims' rights. A total of 289 participants were asked to answer a series of questions to examine their comprehension level of the victim's rights and to measure their level of education and perceived stress level. The results showed that the objective comprehension level the current guide condition was higher than the former one, but no difference was found with the subjective comprehension level. The interaction effect between conditions of the guide and educational level was not found on the objective comprehension of the victims' rights. The effect of the conditions of the guide on the subjective comprehension of victims' rights indicated a tendency to decrease by perceived stress. Finally, policy implications and limitations of this study were also discussed.

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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.

Reasonable Limits to Contents and Submission of Victim Impact Statement -From Psychological Perspective- (피해자충격진술의 내용 및 방법에 대한 비판적 검토 -심리학적 관점을 중심으로-)

  • Lee, Kwon Cheol;Lee, Young Lim
    • The Journal of the Korea Contents Association
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    • v.16 no.9
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    • pp.531-544
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    • 2016
  • Victim Impact Statement, adopted as a crime victims' right, has been implemented in Korean criminal justice system since 2007, and known that the statement enlarges victims' right in courts and alleviates their suffering resulted from the crime. The statement, however, has raised concerns of infringing on a defendant's procedural rights. Scholars and practitioners had focused more on the legal issue, overlooking psychological effect of the statement to decision-makers in courts. This research reviews fallacy of impact assessment and therapeutic effect from psychological perspective, and also suggests alternatives to assuage the concerns by admission of the statement.

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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A Study on the allowed range of viewing and copying right of criminal victim's investigation records (범죄 피해자의 수사기록 열람·등사권의 허용 범위에 관한 연구)

  • NAM, SEON MO
    • The Journal of the Convergence on Culture Technology
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    • v.5 no.1
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    • pp.127-137
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    • 2019
  • In this study, I set the allowable range of viewing / copying rights of investigation records on criminal victims and bereaved families in the procedure of investigation. I tried to grasp the contents of the suspect's statement at an early stage and support it in order to cope appropriately Recently, the social consideration of people suffering from crime victims is expanding in fact. The scope of the investigation is set by the lawyer of the suspect in relation to the subordinate statute concerning the investigation and reading of the investigation record. In parallel, it is necessary to apply to the victim's lawyer or bereaved. This is a part that coincides with the purpose of certifying private rights such as browsing of litigation records to the victim and ultimately has a purpose related to the allowable range. Although it is the right to receive the investigation result at each stage, it is not used properly. Especially when distorted investigation progresses, if the suspect is not prosecuted, the victim may be in a state of regret. The important part can be summarized as the question of whether the investigation of the victim's lawyer is allowed to view and access the criminal records. This section has been reviewed with a focus on the current Act and its functional aspects should be emphasized and revised in accordance with the legal environment. These findings will contribute to ensuring victims' rights in the future. It is also used as an important resource in the legislative process, including the revision of the criminal procedure law.

공업소유권법중 실용신안법개정안 - PCT가입, 부실권리방지등 위해 -

  • 한국발명진흥회
    • 발명특허
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    • v.7 no.10 s.80
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    • pp.66-69
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    • 1982
  • 특허청은 공업소유권제도의 국제화추세에 따라 특허협력조약(PCT)에 가입하는 것을 전제로 특허출원절차의 국제협력 및 기술정보의 확산을 통한 국내기술개발을 촉진하기 위하여 필요한 국내적조치로써 실용신안법중 개정법률안을 다음과 같이 마련하였다. 또한 부실특허권의 행사로부터 선의의 피해자를 보호하기 위하여 특허권효력의 일시정지에 관한 규정도 개정법안에 신설하고 있다.

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공업소유권법중 특허법개정안 -PCT가입, 부실권리방지등 위해-

  • 한국발명진흥회
    • 발명특허
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    • v.7 no.8 s.78
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    • pp.13-18
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    • 1982
  • 특허청은 공업소유권제도의 국제화 추세에 따라 특허협력 조약(PCT)에 가입하는 것을 전제로 특허출원절차의 국제협력 및 기술정보의 확산을 통한 국내기술개발을 촉진하기 위하여 필요한 국내적조치로써 특허법중 개정법률안을 다음과 같이 마련하였다. 또한 부실특허권의 행사로부터 선의의 피해자를 보호하기 위하여 특허권효력의 일시정지에 관한 규정도 개정법안에 신설하고 있다.

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공정거래법상 손해배상제도의 현황과 과제

  • 홍대식
    • Journal of Korea Fair Competition Federation
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    • no.98
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    • pp.10-16
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    • 2003
  • 손해배상제도가 활성화되면 공정거래법 위반행위로 피해를 입었다고 주장하는 당사자들은 공정위에 시정조치의 발동을 촉구하는 것과 별도로 법원에 손해배상청구를 하여 신속한 권리 구제를 받을 수 있고, 동일한 사안에 대하여 공정위와 법원이 관여하게 되는 기회가 확대됨에 따라 현재와 같은 양 기관 사이의 판단 과정의 괴리도 좁혀질 수 있을 것으로 기대된다. 다만 개정안에도 불구하고 손해배상소송에서 입증이 어려운 영역인 인과관계와 손해액에 관한 피해자의 실질적인 입증부담은 여전히 남아 있으므로 개정안에 따른 제도개선이 소 제기 활성화라는 효과를 얼마나 가져 올 것인지는 더 지켜볼 문제이다.

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