범죄피해자의 외상 후 스트레스 장애(PTSD)에 관한 연구

The Post-Traumatic Stress Disorder (PTSD) indicates various psychological and physical difficulties followed by the experience of shocking incidence. The PTSD was first reported in the late 1800s when the Russian rail workers who were directly involved in accident reported many physical symptoms after that. At that time, there was controversy whether the symptoms were made up to get financial compensation. Since the outbreaks of the 1st and 2nd World War and the Vietnamese War, researches on PTSD has been widely conducted. The cause of the PTSD varies. In terms of crimes, it usually occurs after the experience of homicide, robbery, rape, and traffic accidents. The major symptoms include depression, nightmare, dizziness, headache, fatigue, aggression and impulse control disorder, panic reaction and dissociative reaction. The symptoms can occur few days or several years after the accident occurs. The diagnosis of the PTSD is usually based on the American Psychiatric Association's Diagnostic and Statistical Manual (DSM). The disorder is treated by behavioral therapy, cognitive therapy, psychological therapy, family therapy, couple therapy, hypnotic therapy, dynamic psychotherapy, medication therapy and the combination of two or more therapies. The problems of applying the findings of PTSD research to criminal justice system include the lack of criminal court's understanding and interest in PTSD, the victim support system focused on quantity and material support, and lack of the legalization and system focused on crime victims and use the victim as a way of facilitating prosecution. The government should change its perspectives on the issue with the active interest in PTSD and come up with policies to protect the victims. Ultimately, the criminal justice process should seek for the corrective model rather than the punishment model, and should promote discussions that aim for the reconciliation of the perpetrator and victim through the criminal mediation policy. The government should actively participate in supporting victims therapy by establishing a fund to protect and support the criminal victims. The fund can be drawn from the fines, the stamp tax, confiscated crime money or penalty executed by prosecutor's department, and the public auction sales of the confiscated goods. For the victims, necessary are the supports from the financial support system and professionals as well as other therapy program aimed toward PTSD treatment. With these efforts such as educating the frontline victim support staff with the knowledge regarding victims mental health and publicizing the existence and contents of victim support system would increase victims access to the support system. For effective treatments of the crime victims PTSD, the Crime Victim Protection Act should be faithfully implemented and the reparation order should be actively used. The government and the criminal court should not consider the victims as the means of excavating the criminal truth, but make more efforts to protect their human right and interest. Most of all, the realization that collaborated and systematic care by the government, local government, court, and general public is one of the most effective therapies for the victims should precede all those implications discussed above.