전통적 정의론에 따른 범죄피해자 개념의 고찰

Abstract

The laws and systems that have not grasped the essence of the purpose of recovering the damage of “crime victims” without accurately organizing the concept of crime victims are very dangerous. Fundamentally, the concept of crime victims is relative. It is also the reason for the relativity of the concept that a crime victim can be defined only when it is determined who is a criminal and what is a crime. However, the reason why it is difficult to define the concept of crime victims is that the concept is inevitably different depending on which theory of justice is selected.
 Traditional justice theories do not define the social role of crime victims or even their definitions. Furthermore, traditional justice does not see criminals as social evils or objects that should be permanently separated from society, but also criminals as members of society who pursue individual freedom and interests as rational human beings with free will.
 In the theory of retribution justice, the existence of crime victims seems to be only a means of determining the amount of punishment in the active aspect of requesting that the degree of disadvantage deserved be proportional to criminal damage. However, in the negative aspect, retaliation is a disadvantage that only justifies the existence of punishment and is not related to the amount of punishment, so crime victims are not considered.
 Utilitarianism can be said to be the sum of human responses to the distribution result, not the distribution method of goods. Maximizing the subjective value of utility, in terms of goods, the distribution of goods and the objective sum of goods are always constant. Therefore, it is not possible to confirm how crime victims are defined and what values and respect should be received within society. In Hegel's theory of absolute punishment, there is no room for a crime victim to intervene in the national punishment right, and his absence becomes clear. The state should never reflect the victim’s subjective sense of damage in punishment. If a criminal is approved as a right holder to be punished by his/her criminal act itself as an existence of immediate will, there will be no room for the criminal victim to exist in the action of the right to punish.
 Furthermore, it was confirmed that the distribution of fair resources is emphasized as a matter of welfare, resources, and opportunities if it is approached in terms of means of equal distribution for the purpose of guaranteeing more equal freedom.
 As such, traditional criminal theories approach how to punish criminals from the perspective of justice, so they do not consider the concept of crime victims at all, or the treatment of crime victims is not a matter of justice. However, it can be seen that the principle of proportionality presented as a means of pursuing justice in most justice theories cannot be fully explained by excluding crime victims.