• 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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    • 2018.05a
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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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The influence of rape myth on evaluating rape victim and perpetrator: focusing on moderation effect of victim's deviant behavior (판단자의 강간통념이 강간사건 피해자와 가해자에 대한 판단에 미치는 영향 - 강간 사건 전 피해자의 일탈행위 여부의 조절효과 -)

  • Kim, Bo Kyung;Kim, Beom Jun;Choi, Jong An
    • Korean Journal of Forensic Psychology
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    • v.11 no.3
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    • pp.309-327
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    • 2020
  • Rape myth acceptance may influence victims are treated and perpetrator blamed and sentenced. And this relationship could be moderated by victim's deviant behavior before rape such as teenage running away from home or drinking alcohol. The present study examined the relationship among rape myth, deviant behavior, blaming victim, pain of victim, responsibility and blame for perpetrator and punishment for the perpetrator. Findings suggest that participants with high rape myth acceptance compared to participants with low rape myth acceptance blamed victim more and blamed and thought responsible the perpetrator less. And this relationship was only significant when the victim had deviant behavior before rape happened. This result shows that specific information(deviant behaior) about victim could trigger rape myth to blame victim and judge the perpetrator leniently. The suggestions for future research and limitations were discussed.

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Influence of identifiable victim effect on third-party's punishment and compensation judgments (인식 가능한 피해자 효과가 제3자의 처벌 및 보상 판단에 미치는 영향)

  • Choi, InBeom;Kim, ShinWoo;Li, Hyung-Chul O.
    • Korean Journal of Forensic Psychology
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    • v.11 no.2
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    • pp.135-153
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    • 2020
  • Identifiable victim effect refers to the tendency of greater sympathy and helping behavior to identifiable victims than to abstract, unidentifiable ones. This research tested whether this tendency also affects third-party's punishment and compensation judgments in jury context for public's legal judgments. In addition, through the Identifiable victim effect in such legal judgment, we intended to explain the effect of 'the bill named for victim', putting the victim's real name and identity at the forefront, which is aimed at strengthening the punishment of related crimes by gaining public attention and support. To do so, we conducted experiments with hypothetical traffic accident scenarios that controlled legal components while manipulating victim's identifying information. In experiment 1, each participant read a scenario of an anonymous victim (unidentifiable condition) or a nonanonymous victim that included personal information such as name and age (identifiable condition) and made judgments on the degree of punishment and compensation. The results showed no effect of identifiability on third-party's punishment and compensation judgments, but moderation effect of BJW was obtained in the identifiable condition. That is, those with higher BJW showed greater tendency of punishment and compensation for identifiable victims. In Experiment 2, we compared an anonymous victim (unidentifiable condition) against a well-conducted victim (positive condition) and ill-conducted victim (negative condition) to test the effects of victim's characteristics on punishment for offender and compensation for victims. The results showed lower compensation for an ill-conducted victim than for an anonymous one. In addition, across all conditions except for negative condition, participants made punishment and compensation judgments higher than the average judicial precedents of 10-point presented in the rating scale. This research showed that victim's characteristics other than legal components affects third-party's legal decision making. Furthermore, we interpreted third-party's tendency to impose higher punishment and compensation with effect of 'the bill named for victim' and proposed social and legal discussion for and future research.

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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.

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 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.

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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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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