범죄피해자의 트라우마에 대한 법적 지평과 쟁점

Abstract

In psychiatry, trauma is the psychological harm caused by directly experiencing life-threatening, serious injury, or sexual violence; witnessing such events happen to others or learning that they have happened to a family member, close relative, or close friend; and being repeatedly or excessively exposed to the aversive details of the events. Trauma goes beyond everyday stress and can cause major disruptions in an individual's life, so it is necessary to have a criminal policy approach that punishes criminals and rescues victims of crime. Thus, this study examines the understanding of trauma in psychiatry and reviews the laws related to the mental harm of crime victims in Korea and abroad to provide a basis for identifying the need to consider the mental harm of crime victims in criminal proceedings.We first examine the applicability of the criminal law concept of injury to trauma as a substantive legal approach. Then, specific issues will be introduced step by step, including procedural law approaches, especially systems to prevent secondary victimization of crime victims and support their psychological stability, such as the departure of the accused, witness testimony through relay devices and shielded facilities, the presence of trusted persons, recording and preservation of video, the system of witness assistants, the system of witness support units, the system of non-disclosure of hearings during witness testimony, the system to limit unreasonable newspaper reports, and the system of rewriting and prohibition of disclosure of personal information.