• The Journal of the Korea Contents Association
• /
• v.9 no.4
• /
• pp.286-298
• /
• 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.

• Journal of the Korea Society of Computer and Information
• /
• v.24 no.5
• /
• pp.163-170
• /
• 2019

The purpose of this study is to examine the effects of discrimination abuser experiences and discrimination victim experiences on the human rights consciousness of children in community children, In order to understand the role of self-esteem as a mediating role between these two variables, And to find practical and policy implications. For this purpose, we selected 662 elementary school sixth graders who participated in the second panel of the community children's center, the third year (2016), as the sample and used the structural equation model validation method. As a result of this study: First, the experience of discrimination abuser against children in the community children's center has negative effects on self - esteem. Second, the self-esteem of children in the community children's center showed a statistically significant effect on human rights consciousness. Third, the experiences of child discrimination abuse and discrimination of local children's centers showed significant influence on children's consciousness of human rights through self - esteem. In conclusion, we proposed practical use measures to promote positive emotional development and human rights consciousness of children in community children's centers.

• The Journal of the Convergence on Culture Technology
• /
• v.5 no.1
• /
• pp.127-137
• /
• 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.

• 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.

• The Journal of the Korea Contents Association
• /
• v.17 no.8
• /
• pp.520-534
• /
• 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.

• Journal of forensic and investigative science
• /
• v.1 no.1
• /
• pp.54-71
• /
• 2006

The definition of Crime Indictable Upon Complaint (CIC) is crimes which can be prosecuted only with complaints from the victim or his/her direct parents. Sex crimes are the representative examples, rapes and indecent assaults. According to the research referenced in this paper, 74% of sex crimes which had been penalized based on Republic of Korea (ROK) Criminal Code amounts rape and indecent assault are CIC. However, only 20% of perpetrators were confined, and the rest received non-confinement or non-prosecution determination. The review of criminal history checks reveals that 67% of the perpetrators had criminal histories and 39% of them had more than three documented offenses. The CIC was established in order to protect the victim's rights and dignity, respecting the victim's opinion regarding the incident. All kinds of sex crimes then should have been the CIC, but those crimes such as Injury Resulting from Rape, Special Rape, Rape by Special Modus Operandi, Sexual Assault among Relatives and Domestic Violence which have to guarantee the opinion of the victims are prescribed as non-CIC. We therefore conclude that the CIC should be abolished. The abolition of CIC will play an important role in crime prevention because severe penalties for sex crimes will be imposed on the perpetrators. In addition, it will help the sex crime victims retrieve their dignity by spreading recognition widely through the community that sexual assault is not only a social assault but an infringement against human rights.

• The Journal of the Korea Contents Association
• /
• v.16 no.9
• /
• pp.531-544
• /
• 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.

• 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.

• The Korean Society of Law and Medicine
• /
• v.15 no.1
• /
• pp.83-122
• /
• 2014

Compared with medical cases and health care law from other countries there has been a lot of progress on medical law, especially on medical precedents in Korea. However, in recent years, medical precedents tend to reflect a realistic position of health care providers, rather than normative position of the victim. The burden of proof to prove strict liability is given to patients in civil law suits by courts, patients generally has the burden of proof. The rate of claims to prove the negligence of medical malpractice is falling significantly. Even if the error is acknowledged, it is not enough to get right to be relief for patients by increasing limitations of liability or ratio of patient's own negligence. Compensation fee is included in medical fees and risk of medical malpractice actions contributes ultimately to a health care consumer. In conclusion, author represents a major the new upgrade of above mentioned problem. By advising that court should assess actively for the perspective of victim for medical negligence we will be able to exercise remedies of patients' rights and to prevent recurring medical accidents and also contribute to medical advances.

• Korean Journal of Forensic Psychology
• /
• v.11 no.3
• /
• pp.241-265
• /
• 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.