범죄피해자 등에 대한 신변보호제도의 평가와 과제 = Assessment and Tasks of the Personal Protection System for Crime Victims in Korea

다국어 초록 (Multilingual Abstract)

The Personal Protection System in Korea has become regularized with the start of “The Act on Special Cases concerning the Punishment of Specific Violent Crimes” in 1990 and later with the enactment and enforcement of “The Act on the Protecting Reporters of Specific Crimes (hereinafter called the APRSC),” in which measures for personal safety, ancillary measures, etc. were stipulated in 2000 for the benefit of crime victims, witnesses, reporters, etc. Since then, being provided with the contents and framework of a protective system, the Personal Protection System for Crime Victims has developed continuously to be what it is now along with the system reform including several cases of amendments on the APRSC, and with the enforcement and achievement of “the Primary (2007~2011)
and the Secondary (2012~2016) Basic Plan for the Protection and Support of Crime Victims (hereinafter called the ‘Basic Plan’)” which had been arranged by the Ministry of Justice based on “The Act for Protection of Crime Victims.”
Nevertheless, the number of retaliatory crimes in the recent past has not been reducing yet, while the number of people who are complaining of their insecurity in everyday life is ever-increasing. This is because the fundamental limitations and problems of the current system for protecting personal safety remain unsolved yet. Hence, in this paper, in order to improve the current system for protecting personal safety aiming at a more realistic and effective system, such measures as preparing fundamental and practical security measures, minimizing the risk of personal
exposure while judicial procedures of criminal trials are going on, enacting “The Witness Protection Act (tentative name)” from a long-term perspective, etc. have been proposed.
Also, evaluating the fulfillments and achievements of the governmental basic policies on the system for protecting personal safety, which have been included in both the primary and secondary basic plans, policy alternatives have been suggested with regard to the tertiary basic plan. In other words, in the tertiary basic plan as well, the keynote of policies is desired to be the continued strengthening of practical and effective security protection. For this, such policy alternatives as strengthening the cooperative system and responsibility among governmental departments,
enlargement and segmentation of targets for policy implementation, strengthening the linkage with the area of protecting information on crime victims, etc. have been suggested.
Certainly, such institutional improvement and policy alternatives may never be easily achieved in view of such practical constraints as the theoretical problems like conflicts with the defending right which is secured for suspects and defendants, lack of manpower and budget, conflict of interest among competent governmental departments, etc. However, a practical and effective system for protecting personal safety is hoped to be settled down through wisely overcoming those theoretical as well as practical difficulties.

목차 (Table of Contents)

• Ⅰ. 서설
• Ⅱ. 현행 신변보호제도의 현황과 평가
• Ⅲ. 현행 신변보호제도의 한계와 문제점
• Ⅳ. 신변보호제도의 개선방안과 정책제언
• Ⅴ. 결어
• 참고문헌

참고문헌 (Reference)

• 1 최은정, "증인보호문제에 관한 고찰, In 참고인 진술 확보 방안 연구" 대검찰청 검찰미래기획단 2007
• 2 조병인, "조직폭력범죄의 대책에 관한 연구" 형사정책연구원 2007
• 3 김지선, "제3차 범죄피해자 기본계획(2017년~2021년)의 방향과 과제" 형사정책연구원 2015
• 4 김성언, "제1·2차 범죄피해자 보호·지원 기본계획의 신변보호 분야에 대한 성과평가와 향후 과제" 2016
• 5 박광민, "범죄피해자·증인 신변보호제도의 강화방안(2008년도 대검찰청 용역과제)" 한국피해자학회 2008
• 6 박광민, "범죄피해자·증인 신변보호제도 강화방안 - 범죄피해자의 실질적 신변보호를 중심으로 -" 한국피해자학회 17 (17): 81-108, 2009
• 7 박광민, "범죄피해자 정보보호의 강화방안" 한국피해자학회 20 (20): 15-40, 2012
• 8 김남순, "범죄피해자 신변보호 방안" 2016
• 9 법무부, "범죄피해자 보호·지원에 관한 기본계획(2012~2016), 2012-2016 년도(각년도별 시행계획)"
• 10 법무부, "범죄피해자 보호·지원에 관한 기본계획(2007~2011)"
• 11 이은애, "경찰의 신변안전조치 현황과 개선방안" 2016