• Title/Summary/Keyword: Criminal Victim Protection

Search Result 15, Processing Time 0.03 seconds

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

  • Song, Kwang-Soub
    • Korean Security Journal
    • /
    • no.13
    • /
    • pp.235-258
    • /
    • 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.

  • PDF

Improvements about Problem of Criminal Mediation System (형사조정제도의 문제점에 대한 개선방안)

  • Park, Jong-Ryeol
    • The Journal of the Korea Contents Association
    • /
    • v.16 no.6
    • /
    • pp.550-562
    • /
    • 2016
  • Criminal Mediation System in Korea, it did pilot operation by Crime Victim Support Centers such as Daejeon and other two District Prosecutors' Office in April 2006. And starting 2007, Crime Victim Support Centers and Criminal Mediation System conducted from 57 District Attorney's Office and Branch Offices and now 2016, Criminal Mediation System is operated in all the District Attorney's Office. On the other hand, the Attorney General's Office established the 'Criminal mediation practical operating instructions' in October 2009 and created its legal basis at "Crime Victims Protection Act" in September 2010. It seems that the criminal mediation have to operate as the direction for supporting crime victims recovery. However, it seems that the overall infrastructure of the criminal mediation system is built. But I have experienced this through G Attorney's Office as a Criminal mediator activity from 2007 to 2016 now, some issues have emerged such as weak on personal safety in criminal mediation room, etc. Thus, in this paper, I will examine the problems about this and propose improvements of criminal mediation system to fit the practical criminal mediation.

An exploration of the relationship between crime/victim characteristics and the victim's criminal damages: Variable selection based on random forest algorithm (범죄 및 피해자 특성과 범죄피해 내용의 관계 탐색: 랜덤포레스트 알고리즘에 기초한 변인선택)

  • Han, Yuhwa;Lee, Wooyeol
    • Korean Journal of Forensic Psychology
    • /
    • v.13 no.2
    • /
    • pp.121-145
    • /
    • 2022
  • The current study applied the random forest algorithm to Korean crime victim survey data collected biennially between 2010 and 2018 to explore the relationship between crime/victim characteristics and the victim's criminal damages. A total of 3,080 cases including gender, age (life cycle stage), type of crime, perpetrator acquisition, repeated victimization, psychological damage (depression, isolation, extreme fear, somatic symptoms, interpersonal problems, moving out to avoid people, suicidal impulses, suicide attempts), and emotional changes after victimization (changes in self-protection confidence, self-esteem, confidence in others, confidence in legal institutions, and respect for Korean legal system/law) were analyzed. Considering the features of data that are difficult to apply traditional statistical techniques, this study implemented random forest algorithms to predict crime and victim characteristics using the victim's criminal damages (psychological damage and emotional change) and selected good predictors using VSURF function in VSURF package for R. As a result of the analysis, it was confirmed that the relationship between the type of crime and depression, extreme fear, somatic symptoms, and interpersonal problems, between perpetrator acquisition and somatic symptoms and interpersonal problems, and between repeated victimization and changes in respect for Korean legal system/law. Gender and life cycle stage (youth/adult/elderly) were found to be related to extreme fear and changes in self-protection confidence, respectively. However, more empirical evidence should be aggregated to explain the results as meaningful. The results of this study suggest that it is necessary to enhance the experts' knowledge and educate them on cases about the relationship between crime/victim characteristics and criminal damage. Strengthening their interview strategy and knowledge about law/rules were also needed to increase the effectiveness of the Korean victim assessment system.

Measures for Enhancing System of Crime Victim's Information Protection (범죄피해자 정보보호법제의 개선방안에 대한 연구)

  • Lee, Kwon Cheol
    • The Journal of the Korea Contents Association
    • /
    • v.16 no.10
    • /
    • pp.175-187
    • /
    • 2016
  • Protection of personal information has significant meaning in current information age. Information of crime victim is one of top in value in that divulgence of the information to perpetrators may threat safety of the victim or cause psychological demage as $2^{nd}$ harm if disclosed to public. Legal system protects the information with scattered statutes including Criminal Procedure Act. Existing studies have been limited to discussion of the single statute without integrated approach. Bearing necessity of the approach in mind, as issues of protection system this research proffers too broad subject of eligible inspection of case document, inactive practice of identity management cards and omission of personal information, and inappropriate punishment on the disclosure or divulgence. After reviewing systems of foreign jurisdictions to get useful implications, this paper suggests several measures with two separate aspect of legal provisions and protection practice.

A Study on the Preventive Measures of Criminal Behaviors and Criminal Damages of North Korean Defectors (북한이탈주민의 범죄행위 및 범죄피해에 대한 효과적인 예방대책)

  • Lim, Chang-Ho
    • Korean Security Journal
    • /
    • no.49
    • /
    • pp.217-246
    • /
    • 2016
  • Most of the North Korean defectors are the socially disadvantaged, and formed the lowest class in South Korean society. Their main objectives are to achieve economic wealth. In this process, North Korean defectors have often committed the crime or have been criminal victims. The purpose of this study was to propose the effective preventive measures after analyzing the actual situation of North Korean defectors in criminal behaviors and criminal damages. This research has studied of the literature on the criminal behavior and the criminal damage by North Korean defectors, utilized the relevant statistical data, cited the news for the relevant cases, and proposed the effective preventive measures of criminal behaviors and criminal damages of North Korean defectors by doing in-depth interviews with personal protection officer First, in order to prevent criminal activity by North Korean defectors, we should uplift the identity as the members of Korean society, systemize the initial adapt education, enlarge the employment protection and the resettlement helper system, manage North Korean defectors according to adaptive type, develop the network, establish the management department for the defectors, strengthen the training of prison inmates, and strengthen the management of unprotected people. Next, in order to prevent the criminal damages of North Korean refugees, we should manage vulnerable North Korean defectors effectively, maintain the liaison between the personal protection officer and North Korean defector, arrange the personal safety measures in advance when traveling abroad, enhance the legal education for usual living in Korean society, and perform the re-education for the female socialization.

  • PDF

Research on solution for protecting victim privacy of crime deposit with depository

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
    • /
    • v.25 no.5
    • /
    • pp.209-216
    • /
    • 2020
  • As depository system for negotiation or reimbursement to the victim in criminal case is reflected to consideration for diminishing punishment and hence, it is very important in the process. According to the current law, one needs to fill out victim's personal information such as name, address, and ID number for processing depository. However, if the victim is sexual violence victim, all the personal information is covered up becoming anonymous. Therefore, it becomes difficult for the accused person to get necessary information. Such covering up action is to prevent further second damage that may be caused such as threatening for the negotiation whereas victim has no willingness to forgive the accused. However, even if the accused person regrets his/her crime and make reimbursement to the victim, as they have no personal information on the victim it becomes impossible for them to make the depository. If we apply ESCROW system here it will allow victims to avoid any direct contact with the accused person as well as preventing any privacy disclosure. Also, for the accuse person, they can show how much they regret by making depository within their capability.

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

  • Yang, Kyung Kyoo
    • Convergence Security Journal
    • /
    • v.13 no.5
    • /
    • pp.137-145
    • /
    • 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.

A study on the police preliminary investigation for the protection of criminal victims (범죄피해자를 위한 경찰 초동수사에 대한 연구)

  • Park, Ho-Jung
    • Journal of Digital Convergence
    • /
    • v.10 no.10
    • /
    • pp.1-11
    • /
    • 2012
  • In case of the crime occurrence preliminary investigation is very important. Police perform on-site first responders throuth the First Responders Manual and 112 information system. But recently the failure cases of preliminary investigation happened. Social criticism was castrated for the police that roundup succeeded but failed to protect the victims of crime. Avoiding these accidents, improvement of preliminary investigation is required. Accordingly local police personnel system improvement, improvement of reporting systems, Integration of 112 information and 119 information, improvement of seizure search regulations, victim care, crime response exercises reinforcement is required for the protection of criminal victims in preliminary investigation.

Legal System Reasearch Relating to Retaliatory Crime (보복범죄 관련 법제연구)

  • Kang, Maeng-Jin
    • The Journal of the Korea Contents Association
    • /
    • v.15 no.4
    • /
    • pp.179-187
    • /
    • 2015
  • Social unrest from retaliatory crimes is increasingly becoming problematic. Recently, there was an accident involving a suspect who went to a hospital and committed acts of retaliatory violence 11 times. This person's reasoning was that he was imprisoned due to the hospital's reporting to the police. He was consequently arrested in Boeun Choongbook on December 27th 2014. Accidents like this one take place frequently around our surroundings. There are regulations and systems in place. Nevertheless, similar cases that continue to take place makes us wonder if criminal judicial systems work well. Lukewarm responses to retaliatory crimes is not only threatening social security, but also placing fears in the minds of ordinary citizens. If retaliatory crimes take place, most citizens become apprehensive about criminal judicial activities of the police and mistrust for criminal judicial system. This at times discourages people from reporting incidents and could eventually increase crime rate and cause various social problems. Even though there are legal and systemic control measures, retaliatory crime is an increasing trend. This study is going to examine tendencies of internal retaliatory crimes and discuss legal-systemical responses.

The Police's Public Safety Infra Construction Plans for the Protection of Victims of Sexual Violence (경찰의 성폭력 범죄피해자 보호를 위한 치안인프라 구축방안)

  • Kim, Hyun-Dong;Jo, Hyun-Bin
    • The Journal of the Korea Contents Association
    • /
    • v.13 no.12
    • /
    • pp.715-723
    • /
    • 2013
  • Following the social consensus for the need to stop sexual violence, the government has amended juvenile sex protection laws to impose fees on education practitioners who do not report sexual crimes against women, and amended the 'domestic violence prevention and victim protection laws' (2012. 2) so that the police can investigate on site. However, regardless of these wide efforts, the reality is that sexual crimes against the socially weak do not seem to be dwindling, raising concerns of the effectiveness of such amendments. Generally sexual crimes are hard to prove, and even if reports are filed, most cases are dropped with non-prosecution disposition. Victims are usually limited to women and children and this leads to secondary victims. As this thesis states, developed countries have a more systematic protection methods than our country. Therefore, the purpose of this thesis lies on the construction of public safety infrastructure for the protection of sexual abuse victims (enhancing safety protocols with related organizations, implementing a bill of rights for the victims, prevention-centered police education, amendments to current law) to limit human rights violations and criminal injuries.