피해자변호사제도에 대한 소고

Abstract

The victim protection system appears to be focused only on victim protection in Korea. The victim lawyer system is one representative system that shows the tendency of this victim protection system. This study examined the victim lawyer system, mainly focusing on which victims could get legal assistance, and suggest improvement measures. In an adversarial system, the prosecutor and defendant are central to the procedure, while the victim is totally forgotten. However, the victim should be respected as a human being. As the victim is another stakeholder with the defendant and affected by the consequences of criminal procedure, the victim also shares a great interest in criminal procedure as a way of justice. Not only that, as one of the parties to the accident with the defendant, it would be fair if the victim could get the opportunity to participate in criminal procedure as the defendant has. At this point, the victims' protection and participation should be considered in the criminal system. However, there is a limitation that victims' protection and participation should not infringe on the defendant's rights. Only a few laws, including the Sexual Violence Punishment Act, provide the victim lawyer system. However, the victim lawyer's role should not be restricted to the victim's guardian but should be expanded to assist the victim in participating. Today, many victims want to participate in criminal procedure, and it's gaining remarkable consensus in society. As the law or system should reflect society or culture, the victim lawyer system necessarily expands to help victims' participation generally. Compared to Germany and France, this country introduced victim lawyers to assist victims' participation, and all the victims typically have the right to legal assistance. As ruling the victim lawyer system and nation-appointed lawyer system separate, it could help the victims participate in criminal procedure and protect vulnerable victims. Therefore, a victim lawyer system must be enacted in the Criminal Procedure Act to establish a general rule, and, in particular, some acts should deal with a nation-appointed lawyer system of victims to protect vulnerable victims.