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피해자학연구 update

Korean Journal of Victimology

  • : 한국피해자학회
  • : 사회과학분야  >  법학
  • : KCI등재
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  • : 연속간행물
  • : 연3회
  • : 1229-2923
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수록정보
25권3호(2017) |수록논문 수 : 7
간행물 제목
25권3호(2017년) 수록논문
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KCI등재

1노인범죄와 노인의 범죄피해, 범죄두려움에 관한 고찰

저자 : 박강우 ( Park Kang Woo )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 25권 3호 발행 연도 : 2017 페이지 : pp. 5-29 (25 pages)

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The elderly population of Korea over 65 ages is over 14% in total population in 2017, so Korea has been entered in aging society. Therefore, the crime by the elderly, victimization of the elderly, and fear of crime have been the serious social problem to cope up with.
This study aims to examine the reality of elderly crime, to review the criminological theories on the elderly crime, to suggest the countermeasures on elderly crime and victimization of the elderly in Korea.
First of all, many criminological theories efforts to explain crimes of the elderly. The Anome/Strain theory try to explain crimes of the elderly by the causes of the social isolation and strain due to the death of the spouse, retirement from the job, deconditioning of the health, and financial decline. Next, the Social Bonding/Control theory seek to the elderly crime by the loose connection with family, friends and other people and social isolation.
According to the many research, fear of crime in elderly people is high than the young people, it is paradoxical allowing for the low criminal victimization rate of the elderly compared to that of the young people. This can be explained by many causes from the literature. Some researchers have addressed different components of fear, such as perceived risk, vulnerability, or feeling unsafe; while others have suggested that the victimizing crime determines the existence of fear. Still others have addressed the nature of the environment as a contributing factor in either minimizing or increasing the potential for crime and/or elderly fear.
Finally, many social and economical programs have been suggested to reduce the crime of/against the elderly since the 1970s across the Europe and North America. The majority of these programs focus upon the traditional types of crim- inal offenses. These programs can be categorized according to the four major headings. The first two are intended to reduce the prevalence of crimes against the elderly. The later two are focused on the individual's behaviour tips to prevent crimes against the elderly.

KCI등재

2범죄피해자 권리의 실효적 보장

저자 : 김재민 ( Kim Jae Min )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 25권 3호 발행 연도 : 2017 페이지 : pp. 31-55 (25 pages)

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Although there are various Korean laws which claim that they are designed to secure criminal victims' rights, they are often ineffective and unenforceable. To make matters worse, some of them are only the victim's policy. However, the criminal victims should be given the enforceable victims' rights, through identifying their status as a victim and recovering their damage in criminal procedure. The substance of the criminal victims' rights can be described as 'maintaining human dignity'and 'the pursuit of happiness'which are stipulated in Article 10 of the Korean Constitution. Those precious values can be achieved by securing the enforceable victims' rights. The enforceability of victims'rights can be varied according to the chosen paradigm among the witness paradigm, damage paradigm, harm paradigm, and rights paradigm. Above all, the rights paradigm is most suitable to secure the enforceability of victims' rights. In order to expand the rights of them and ensure more effective rights, the criminal justice system should be improved based on the rights paradigm. To prevent the side effect of rapid improvement, at a initial stage, it would be better to adopt a Japanese model that combines the status of a witness with that of parties to a lawsuit as a victim, and then take a German or French model which has given strong legal power to criminal victims in the criminal procedure.

KCI등재

3범죄피해자 보호ㆍ지원제도의 개선방안

저자 : 원혜욱 ( Won Hye Wook )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 25권 3호 발행 연도 : 2017 페이지 : pp. 57-88 (32 pages)

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In the criminal justice system so far, the victim was regarded as a personal matter even though he suffered enormous damage both mentally and economically due to the crime, but he did not pay much attention to compensation or compensation for it. In 1964, we have enacted the protection policy for victims from all over the world, including New Zealand. In Korea, based on the “Crime Victims Protection Act” enacted in 2005, the State and local governments have established policies for the protection of crime victims and are supporting the activities of the organizations concerned with the protection of victims. In accordance with the Declaration of the Basic Principles of Justice on Victims of Crime and Abuse, adopted by the United Nations General Assembly in 1985, it is recommended that appropriate measures be taken to protect victims on an international, regional, or national level. In this paper, we propose the improvement methods of crime victim protection law and crime victim protection support, focusing on the consideration of crime victims' protection and support system in New Zealand, Japan, Germany and other countries.

KCI등재

4범죄피해자의 외상 후 증후군(PTS) 진단 및 예측 도구 적용에 있어서의 법적 문제점 및 해결방안

저자 : 권솔지 ( Kwon Sol Ji )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 25권 3호 발행 연도 : 2017 페이지 : pp. 89-115 (27 pages)

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Well-known reality is that there are too many criminal victims suffering post-traumatic symptoms (PTS) such as depression, panic disorder and suicide impulse. Reportedly, over the 40 % of victims are especially suffering from PTS after violent crimes. It is really time to make a plan for better predicting the possibility of PTS development for a specific victim after the accident. Since it is reported that the golden-time for preventing PTS is no more than 90 days after the crime, we do not have much time to organize truly specialized experts team for providing the victim with best diagnostic and treatment skills. Which is more efficient would be to apply a simplified diagnostic tool to them and to sort out some of them as high risk group.
That is the reason why we have tried to invent PTS prevention and prediction kit for criminal victims. It is made with bio-marker detection units and chemical units. These two act and react each other, and as a result, we may easily verify the signs of PTS in a biomarker of a victim such as a blood sample.
This kit should not be applied by any emergency service provider under the Medical Law of Korea. Only authorized medical personnel can use it for prediction and diagnosis of PTS, which undermines the efficacy of PTS prevention scheme that we are trying to organize. One of the best solutions would be, on the one hand, ameliorating the specificity of PTS diagnostic tools and, on the other, amending the related laws in order that emergency medical technicians can play more active role on the scene with the PTS kit.

KCI등재

5성폭력 피해의 치명성 낙인이 피해자다움의 수행에 미치는 영향 - 폭력후유증의 매개효과를 중심으로 -

저자 : 김민정 ( Kim Min Jung ) , 권인숙 ( Kwon In Sook ) , 김선영 ( Kim Sun Young )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 25권 3호 발행 연도 : 2017 페이지 : pp. 117-139 (23 pages)

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For last three decades in Korea, while sexual violence has been actively discussed for legislation, the lethal influence of sexual victimization on victims has been over-emphasized.
Such myths of sexual victimization lethality so label victims that hinder recovery from victimization. Moreover, those play a role for criminal justice system to deny victims' experience of victimization through establishing hierarchy of typical sexual violence victim.
This study aims to find out how societal myths of sexual victimization lethality effect on victim's doing typical victim. For that, mediation effect of victim's experience of psychological sequela is examined. With survey sample of 181 sexual violence victims, the results show that the myths of sexual victimization lethality increases the dependent and the mediate variable. The mediate variable, which ispsychological sequela fully mediates the causal relationship between societal myths of sexual victimization lethality and victim's doing 'typical victim.'
In conclusion, this study discusses the limitations of present criminal justice system with regard to biased view of treat sexual violence victims and asserts the necessity of reconstruction of the meaning of sexual violence considering victim's standpoints.

KCI등재

6통합적 범죄피해자 보호를 위한 기본이념 정립과 개선방향 - 연대성의 원리와 전환적 사법이념을 중심으로 -

저자 : 김혜경 ( Kim Hye Kyung )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 25권 3호 발행 연도 : 2017 페이지 : pp. 141-175 (35 pages)

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The nation is under an crime prevention obligation, so the nation have to owe the duty to recover ordinary life of victim unless discharge his responsibility. As principle of the essentials of national aid obligation. But in the other hand, by the level of society, members of society have to give a helping hand as the principle of solidarity. So if some criminal victims occurs, in terms of national obligation theory, criminal victim must receive full compensation from nation equally priori crime. But they are able to be aided as band together from same members of society. 
In this paper the concept of Transformative Justice theory is most important philosophy with the purpose of integration, which can provide a clue of integral national system and can be unity with nation's aid and social voluntary resources for recovery of criminal victims as well as can make criminal victims to be resocialization in the meaning of resuming normal activity. While coming from the same background as restorative justice, transformative justice takes a bit of a bolder approach. Instead of simply seeking to restore the actors, transformative justice sets out to transform them for the better. TJ seeks to change the larger social structure as well as the personal structure of those involved. Realizing the unjustness of our current criminal justice system, transformative justice wants to be productive by providing victims with answers for why they were victimized, recognizing the wrong that has occurred, providing restitution, and restoring/establishing peace and security. 
So in based of Transformative Justice theory can be provided in following policies for criminal victims. At first, it can make proactive protection to integrate with post protection. And it means consolidation of all social resources. Third, Transformative Justice theory can change nation's approach for redistribution pf social resources and positive right of criminal victims. Next, it make to be able to conciliate the principle of solidarity with the principle of social welfare state. Lastly, Transformative Justice theory demands that nation should abandon distinction of role between offender and criminal victim, because for integration and restoration of society, distinction of role between offender and criminal victims useless and more harmful.

KCI등재

7혐오표현의 규제 가능성에 대한 논의

저자 : 박호현 ( Park Ho-hyun ) , 장규원 ( Chang Gyu-won ) , 백일홍 ( Baek Il-hong )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 25권 3호 발행 연도 : 2017 페이지 : pp. 177-205 (29 pages)

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Freedom of expression is an important democratic element that has been pursued through historical evolution as the natural rights of people which is ensured by the constitutional law. This democratic evolution works for national development as a prerequisite condition. Various policies of government are necessary in other for national development, but the atmosphere in which other opinions are accepted should be made for it. However if freedom of expression were accepted without limitation, either human rights or honor of other people would have been infringed at least.
Especially violation of human rights to the disadvantaged like females, the elderly, the handicapped, the downscale, sex minorities might happen ordinarily in disguise as freedom of expression. Freedom of expression to the disadvantage could bring the result of violation of human rights by being used to make words with the expression like aversion, shame, contempt, discrimination. Therefore even if freedom of expression should be ensured as much as possible, some limitation must exist for preventing violation of human rights and honor of others. However the way of limitation was mostly criminal punishment. It is not sufficient that excess of freedom of expression is limited by only criminal punishment. Therefore it is limited by not only criminal punishment but also civil and administrative punishment, furthermore diverse political discussion is needed for including constructive regulation that is positive one for forming social atmosphere. Accordingly effort of central and local governments is required for constructive regulation, but effort of people themselves on autonomy is required as well.

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