수사절차상 피해자참가제도에 대한 검토

In this abstract, after first reviewing system of victim participation in foreign trial and investigation procedure, confirm what provisions there are presently, and we shall review what provisions to be provided in investigation procedures when we provide for victim participation system in Korean Criminal Procedure hereinafter, and we shall review what provisions are provided for in the draft law of Korean Ministry of Justice contained in the legislative notice presently and additionally what contents to be provided for if we include victim participation provisions in investigation procedure. And major contents thereof shall be victim’s right to state opinion in the stage of investigation, public defender system in victim participation, mandatory presence of party with trust relation, and inducement of exclusion/evasion system for investigator. On the one hand, we should think over inducement of victim participation system in investigation procedures to systematically protect the human rights of victim in investigation procedures, brooding over if formal act of newly making system repetitively indeed practically protect the human rights of victim, and therefore to reduce the repetitive mistakes so far by providing for some points although many parts may not be all provided for. Therefore, we should start hearing and regularized discussion on such points. Also, we think such discussion may be going out too much far ahead but it may not be pointless act to review and agonize.