피해자중심적 정의론과 범죄피해자 개념 - 법률상 피해자 개념의 해석 -

Abstract

A crime victim in the traditional sense refers to a person who has been infringed
 on legal interests due to the criminal acts of others, and is limited to damage
 caused by crimes subject to the exercise of the right to punish the state, focusing
 on state power.
 However, theories aimed at establishing the concept of crime victims centered
 on victims and maintaining social stability and a sustainable community have
 recently been proposed through the concepts of not only restorative justice, but
 also transitional justice, independent justice, and transformative justice.
 All of these theories are continuously under discussion about the concept, and
 their meaning or content is not completely unified or agreed. However, unlike
 traditional crime concepts, it recognizes that there are blind spots that cannot be
 solved by traditional crime and crime victims and seeks a desirable solution to
 them, and unlike traditional crime concepts, it is a crime victim-centered approach
 rather than a national criminal rights and criminals-centered concept.
 Here, we will examine in detail the recently presented concepts of crime
 victim-centered justice. And by analyzing the current status of Korean laws,
 would like to consider the definition and legislation of the concept of human
 rights-friendly crime victims.
 In addition would like to emphasize that the concept of legal crime victims
 should not lead the national system and social consensus, but on the contrary,
 social consensus should be reflected in the law.