• Title/Summary/Keyword: Victims' right

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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 Guarantee of Criminal Victim's Information Rights (범죄피해자의 정보권보장을 위한 방안)

  • Yang, Kyung Kyoo
    • Convergence Security Journal
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    • v.13 no.5
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    • pp.137-145
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    • 2013
  • The most important thing in the trial reveal the truth regardess of civil trial or criminal trial. The criminal procedure should be amended to guarantee victims the right to attend court hearings, to receive information about the progress of their case. But the new Criminal Procedure Law 2007 stipulated merely reading right of investigation records after prosecution while reading and printing rights prior to prosecution were not legislated. All sections of the criminal justice process must ensure that the process of dealing with the offender should not increase the distress or add to the problems of victims of crime in secondary victimisation. Reading and printing rights of prior to prosecution should be stipulated at earliest to protect the criminal victims and to prevent the secondary victimisation, The purpose of this study is to practically protect the right of the victims on the criminal procedures.

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.

Domestic Violence and Human Rights (가정폭력과 인권)

  • Lee, Cheol-Ho
    • Proceedings of the Korea Contents Association Conference
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    • 2006.05a
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    • pp.360-363
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    • 2006
  • There is a growing social awareness about domestic violence in our society. People came to recognize domestic violence as a social problem as the public began to aware that domestic violence not only reflects social violence but also provides learning place of violence to the child. This thesis started view point of human right. Domestic violence is human right problem on victims and assaulters. First, it is to investigate domestic violence in Korea. Second, it analyzed cause of domestic violence. Third, This study is about 'Special Act for the Punishment of Domestic violence' and 'Act for the Prevention of Domestic violence and the Protection of Victims'. And this study on the several legal problems two special Acts.

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The Work of Mourning of 9/11 in U. S. A (미국의 9/11 애도 작업에 관한 고찰 : 9/11추모관 건립과 테러와의 전쟁을 중심으로)

  • OH, bonghee
    • Cross-Cultural Studies
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    • v.38
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    • pp.89-113
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    • 2015
  • This paper explores the work of mourning of 9/11 in the United States, focusing on the project of building the National September 11 Memorial managed by the Lower Manhattan Development Corporation(LMDC) and the War on Terror declared by the George W. Bush administration in the wake of 9/11. This paper first looks at the project of building the Natioanl September 11 Memorial and considers what was at stake in achieving this project. It also examines the limitations of the project. This paper argues that, in spite of the efforts to mourn the victims in significant and meaningful ways, the work of mourning in the memorial project fails at least in two respects. First, the memorial project "began so soon" right after 9/11 that the victims' families were not given enough time to mourn their loved ones. Second, the project were permeated with American nationalism and patriotism, which made the 316 non-American victims of 9/11 invisible and forgotten. Then, it goes on to examine the War on Terror because the War on Terror epitomized the failure of mourning due to these causes. In his address to the nation delivered on the very day of 9/11, President George W. Bush stated that "America was targeted for the attack because we're the brightest beacon for freedom and opportunity in the world" and that the terrorists failed to threaten America into chaos. He also stated that America is in "the war against terrorism." These statements were a futile reassertion of the illusion of American invulnerability and a prohibition of mourning in favor of violent military responses to 9/11. American nationalism also underlies Bush's official naming of September 11 as "Patriot Day." The victims were sacrificed because they were at the site when terrorists attacked, which implies that their death had nothing to do with American patriotism. Naming September 11 as Patriot Day was an act of imbuing the absurdity of the victims' death with a false meaning and an act of forgetting the non-American victims. The failure of the work of mourning of 9/11 consisted in the inability to recognize human vulnerability and interdependence and the inability to mourn not only American victims but also non-American victims killed in 9/11 and the War on Terror. A meaningful and significant mourning could be possible when we realizes that all human beings are exposed to one another and their lives are interdependent on one another. September Eleventh Families for Peaceful Tomorrows well demonstrated this kind of mourning. When most Americans supported violent retaliations, Peaceful Tomorrows made pleas for nonviolent responses to 9/11. Turning their grief into action for peace, its members work "to create a safer and more peaceful world for everyone," not only for Americans. Their effort to mourn in meaningful and nonviolent ways delivers the message that a disaster like 9/11 should not happen anywhere.

Alterations in Functions of Cognitive Emotion Regulation and Related Brain Regions in Maltreatment Victims (아동기 학대 경험이 인지적 정서조절 능력 및 관련 뇌영역 기능에 미치는 영향)

  • Kim, Seungho;Lee, Sang Won;Chang, Yongmin;Lee, Seung Jae
    • Korean Journal of Biological Psychiatry
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    • v.29 no.1
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    • pp.15-21
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    • 2022
  • Objectives Maltreatment experiences can alter brain function related to emotion regulation, such as cognitive reappraisal. While dysregulation of emotion is an important risk factor to mental health problems in maltreated people, studies reported alterations in brain networks related to cognitive reappraisal are still lacking. Methods Twenty-seven healthy subjects were recruited in this study. The maltreatment experiences and positive reappraisal abilities were measured using the Childhood Trauma Questionnaire-Short Form and the Cognitive Emotion Regulation Questionnaire, respectively. Twelve subjects reported one or more moderate maltreatment experiences. Subjects were re-exposed to pictures after the cognitive reappraisal task using the International Affective Picture System during fMRI scan. Results The maltreatment group reported more negative feelings on negative pictures which tried cognitive reappraisal than the no-maltreatment group (p < 0.05). Activities in the right superior marginal gyrus and right middle temporal gyrus were higher in the maltreatment group (uncorrected p < 0.001, cluster size > 20). Conclusions We found that paradoxical activities in semantic networks were shown in the victims of maltreatment. Further study might be needed to clarify these aberrant functions in semantic networks related to maltreatment experiences.

Quantitative EEG Analysis on Emotional characteristics of Children experiencing Domestic Violence (가정폭력을 경험한 피해자녀의 감정 특성에 관한 정량화 뇌파연구)

  • Byun, Youn-Eon;Weon, Hee-Wook
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.18 no.11
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    • pp.166-175
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    • 2017
  • This study examined children from two families exposed to domestic violence and had psychological counseling in July 2017 at KOVA, a support organization for crime victims. The subjects were exposed to family violence in excess of 10 years and was protected by the shelter with their mothers who had filed complaints with the local police. Victims of domestic violence often face difficulty in avoiding the source of aggression, and thus experience repetitive attacks. This research was conducted at the Buddhism Brain Research Facility, Seoul University, to identify and quantify the emotional characteristics of the affected children in which it is difficult to escape from their living conditions. Data was collected by BrainMaster, a 19-channel examination kit, and analyzed by NeuroGuide. As a result of analyzing the emotional characteristics of the affected children through Quantitative EEG and brain topographical map, we found an increase of slow wave and problems with abnormality of Alpha, High Beta in the left and right Frontal area asymmetry.

Study on Preventing Retaliation against Crime Victims (범죄피해자에 대한 보복범죄 방지 대책에 관한 연구)

  • Choi, KeeNam
    • Convergence Security Journal
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    • v.16 no.7
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    • pp.129-137
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    • 2016
  • The guarantee of citizens' safety from crime is the reason for a nation's existence according to the social contract, and it is also a salient task in securing the citizens' right to the pursuit of happiness, which is a constitutional right expressing the nation's duty to its citizens. First, a procedure must be made mandatory that corresponds to the Miranda rule applied during the arrest of criminal suspect, which verifies whether there exists a risk of retaliatory crime to the victim of crime, crime reporter, or witness following their report of a crime or testimony. A measure to punish those who violate this should be devised. The second is the improvement of related laws and systems, such as expanding the scope of persons subject to protection from retaliatory crimes under the current law and strengthening information protection. Third, a retaliatory crime risk evaluation index must be developed, and the evaluation results must be quantified to clearly state measures and responsibilities, in detail, for personal safety at each level of intensity. The fourth is the expanded implementation of proactive personal safety measures for victims of crime and witnesses, as well as the development and application of advanced techniques. The last is a change in the perception s of those working for the judicial body. From the initial investigation stage of the crime to the diagnosis regarding the possibility of retaliation perpetrated on an ex-convict through psychological tests, systems of general cooperation, and mutual assistance must be established.

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.

A Study on the Use of School Violence Counseling through the Formation of Peer Relationships in Adolescence (청소년기 또래관계의 형성을 통한 학교폭력상담의 활용에 관한 연구)

  • Jun, Seung-Hye
    • Industry Promotion Research
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    • v.5 no.4
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    • pp.55-61
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    • 2020
  • In conducting school violence counseling to solve school violence, this study studied the use of school violence counseling to solve school violence by forming a correct peer relationship. Through this study, we can see that peer relations are an important factor in preventing school violence in school violence counseling. The findings are as follows. First, school violence counseling should first protect and heal victims. The primary goal of school violence counseling should begin with consideration for the victims and be placed on the continuation of the victim's right peer relationship. That's how important peer relationships are. Second, not only victims of school violence counseling, but also perpetrators should be included in the list of counsels. In other words, there may be many cases where counseling is usually focused only on the victim. Therefore, the peer relationship can continue even after school violence, so customized counseling is needed not only for victims but also for perpetrators. Third, for school violence counseling, the recovery of peer relations and insight into life are important. Therefore, the focus should be on self-reflection and the restoration of relations between the parties, not on a disciplined or disciplined, controlled perspective. Fourth, we should recognize the importance of peer relations in school violence and activate the 'old counseling program'. Therefore, school violence counselors should optimize their programs by reflecting on-site needs so that they can act as emotional facilitators, problem solvers, and empathic cultural promoters in their roles. In conclusion, school violence counseling should basically be involved in peer relationships. School violence counseling should develop and implement programs focusing on the formation of proper peer relations in order to eradicate school violence.