사회보장적 의미에서의 범죄피해자보호

Abstract

The most fundamental question in crime victim support is the basis and limitations of crime victim support. It is a question of how far the protection of crime victims will be possible in terms of practical support and intervention in addition to the guarantee of rights in criminal proceedings. If support for crime victims starts with the incomplete fulfillment of the state's crime prevention responsibilities, state intervention will be sufficient to return to the pre-crime state. However, if this is approached in terms of social security or social welfare, the living condition as a more complete and normal member of society should be guaranteed, but if it is approached in terms of crime victim relief, national intervention will always be limited to secondary intervention based on the principle of supplementation.
 In other words, depending on what ideology the state approaches crime victims with, the method or limit of national intervention in crime victims will differ in its direction. This is expected to have a great influence on the 4th Basic Plan for Crime Victims.
 Until recently, the most discussed categories are areas where it is difficult to set limits on the state's role, such as the scope of rescue for foreigners affected by crime in Korea, the possibility of rescue for domestic victims, intervention for victims of negligence, and recognition of indirect victims of non-crime victims. In this regard, the 4th Basic Plan already includes the expansion of the structure of victims of negligence resulting in death, domestic crime victims abroad, and domestic foreign crime victims. However, in that this is a basic plan, to what extent it will be realized is also a matter of future policy decisions.
 First of all, it would be liked to approach the extent to which crime victim protection will be possible from the perspective of social security and solidarity.
 It is necessary to organize the terms, and to examine specifically what the nation can help by organizing terms that are conceptualized as the basis for national intervention such as guarantee, welfare, compensation, relief and protection. And then would like to examine whether access to intervention in crime victims can be made in terms of community solidarity, and analyze the difference in crime victim protection based on existing theories and social security theories and principles of solidarity.