범죄피해자 구조금지급의 법적 개선방안 - 헌법상 범죄피해자구조청구권의 본질과의 상관성을 중심으로 -

Korean Constitution has the unique victim right to receive aid from the state in the world. That right was ruled in ninth revision in 1987. The fundamental principles of this right is that the nation have to support and assist criminal victim financially and psychologically as well as to protect citizen from the crime. The nation is under an crime prevention obligation, so the nation have to owe the duty to recover ordinary life of victim unless discharge his responsibility. As principle of the essentials of national aid obligation, in this study reviewed compatibility of national obligation theory and social security theory. In terms of national obligation theory, criminal victim must receive full compensation from nation equally priori crime. But in terms of social security theory, he is to be aid only basic life possibly not psychologically but financially. Because the social security is to be aimed that minimum standard of living is possible for people who struggled to make ends meet, in virtue of redistribution of natioal income. By the Constitutional Court, legal characteristic of the criminal victim compensation is both social right and right to live and permit legistration discretion of a legislative organ. But the nation must observe the principle of under-protection prohibiton. In this paper is proposed that first, the pure victim-nonmistake victim- must be protected as full compensation, and then injuries arising victim by himself, negligence victim and overseas-victim have to be guaranteed the minimum cost of living at least. The optimum compensation will be maximum compensation. But in consideration of compensation funding, we have to seek rational limit proportional to essential of criminal victims right.