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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
수록범위 : 1권0호(1992)~25권2호(2017) |수록논문 수 : 542
피해자학연구
25권2호(2017년 08월) 수록논문
최근 권호 논문
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KCI등재

1범죄피해자 변호사제도의 의의 및 향후과제

저자 : 김재희 ( Kim Zaehee )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 25권 2호 발행 연도 : 2017 페이지 : pp. 5-29 (25 pages)

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The necessity of the attorney system for crime victims has been consistently asserted. Since 2012, crime victims attorneys(national attorneys) have been provided by special law for specific crimes. The specific crime is about sexual crime and child abuse. Normally, attorneys play a role of providing legal assistance and consulting, but they must provide a special system to act as a victim`s attorney, not being limited just this role. In the case of victims of crime, it is necessary to have a unique attorney`s role different from that of ordinary criminal defendants (suspects). The attorney system for victims of crime needs to be extended to all crimes, not just those specific crimes. In particular, it is necessary to select a public defender for a specific crime requiring close assistance from a attorney. Currently, there is the limited number of offenses for the selection of lawyers for victims of crime. So, it is necessary to add crimes for which a victim of crime has died. Because it is necessary to support the chaos and difficulties that bereaved families will experience. For this reason, the provisions on the attorney of the crime victim should be prescribed in the Criminal Procedure Act. This paper argues that based on the necessity of the attorney system of crime victims, it is necessary to establish the legal system for the activities of the attorneys and to expand the selection range of attorneys. By doing so, I hope that we can protect and support victims better.

KCI등재

2범죄피해자 통합적 지원네트워크에 있어 사회연결망 분석을 통한 경찰의 역할 고찰

저자 : 백일홍 ( Baek Il Hong )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 25권 2호 발행 연도 : 2017 페이지 : pp. 31-60 (30 pages)

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Recent, the police has expand dedicated victim support system throughout the country, taken action rapidly to several crime victims and cooperated with the related organizations. Concretely, it`s a golden time that the victim can first contact with police after crime, so it`s very important that the police cooperated with the related organizations and has the closed network in order that the police supports victim` needs. In this integrative victim supporting system, Department of Justice, the police and the prosecutor should be a key role for victim support. Also it agrees with Ministry of Gender Equality and Family should be the one of member. If it is so, we should check the victim support network and understand what kind of structure presented. Furthermore, we need to analyze some crimes are connected with which organizations as the central role. This paper is for understanding the network of organizations, especially, the police has what kind of role in this network of victim support depending on type of crime. And it suggest the effective role in integrative victim support system by the social network analysis.

KCI등재

3범죄회피 및 방어행위에 관한 경험적 연구

저자 : 기광도 ( Ki Kwang-do )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 25권 2호 발행 연도 : 2017 페이지 : pp. 61-87 (27 pages)

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The purpose of this study is to analyzes on avoidance and defensive behaviors against crime victimization. We examine the relationships between victimization experience, perceived risk, fear of crime, avoidance and defensive behaviors, along with other demographic and community`s contextual variables. We tries to review the theory on defensive behaviors against crime victimization, such as risk interpretation model, threat of victimization and situational prevention theory, and to analyse the aspects of defensive behaviors in Korea. The data that we have analysed here were obtained from “Korean Crime Victim Survey in 2014” conducted KIC(Korean Institute of Criminology) in 2015. The data consists of a total of 6,960 households and 14,975 persons. We used Regression Analysis and Path Analysis etc. The results indicate that victimization experience has a directly positive effect on perceived risk and fear of crime, while victimization experience has no significant effect on defensive behaviors. Though the direct effects of victimization experience on defensive behaviors are not significant, they turn out to be mediated by perceived risk and fear of crime. And perceived risk and fear of crime were found to be positively related to the defensive behaviors. And we wish this study contribute to the understanding and explanation of defensive behaviors against crime victimization. From our study, it is implied that future research should attempt to develop a more considerable model on the defensive behaviors against crime victimization and to elaborate the measures and analysis methods.

KCI등재

4성폭력 피해의 특성에 따른 피해자의 성폭력 통념 경험

저자 : 김보화 ( Kim Bo-hwa ) , 추지현 ( Choo Ji-hyun ) , 이미경 ( Lee Mi-kyoung )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 25권 2호 발행 연도 : 2017 페이지 : pp. 89-121 (33 pages)

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Sexual violence myth has a substantial influence on the occurrence/overcoming/ signifying of, and response to sexual assault. This study starts from a critical view on how victims of sexual violence experience misconception in different relationships and under different conditions. We surveyed 235 victims and conducted 14 in-depth interviews to look into how they experience sexual violence myth depending on their relationship with perpetrators, their age when the incident took place, and whether the incident was rape or not. The results show that victims are more vulnerable to sexual violence myth during investigation or court trial, by people around them and media, especially when the victims are adult women, and they knew/were close with/went on dates with/had drinks with the perpetrators on their own will. Victims of sexual aggression by stranger or rape are relatively less prone to experience rape myth in which their sufferings are questioned, denied, downplayed, and even attributed to them. Damages of sexual violence cannot be measured objectively by its types. It varies depending on the relationships and circumstances surrounding the incident. Therefore, no one but the victim can define the damage and its significance for each case. Nonetheless, rape myth instigated by family members, acquaintances, and media, often during investigation/trial procedures, assumes that feelings suffered by victims/women such as discomfort, anger, false accusation, and betrayal, can be easily edited and altered. Impacts of sexual assault are not a matter to be accepted based on biased social misconceptions. It should be about how much the society can empathize with the challenges that victims/women face.

KCI등재

5아동학대범죄의 처벌 등에 관한 특례법 개정논의에 대한 고찰 - 정신장애자의 처우를 중심으로 -

저자 : 박호현 ( Park Ho Hyun ) , 김명대 ( Kim Myeong Dae )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 25권 2호 발행 연도 : 2017 페이지 : pp. 123-146 (24 pages)

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The criminal law gets criminal sanctions as punishments about crime occurrence. These sanctions are two kinds of punishments by past acts and security disposal to criminal potentiality. Child abuse crimes are processed by those punishments. However the criminal law has exemption or reduction regulations to mental and physical disorder person through the law Article 10 Clause 1 and Clause 2. Nevertheless, child abuse has it bad effective that the children grow to sound citizens because of mental and physical immaturity of them. Therefore this study will find the way to punish not to apply the criminal law Article 10 Clause 1 and Clause 2 if child abuse occurs by criminals taken alcohol and drug on focus of the amendment of Special Act on Punishment of Child Abuse Crime. It is important to punish child abuse criminals, but it is also necessary to be prevented by treatment because of its recidivism. Although the criminals get back to society after punishment or security disposal, it is not certain that recidivism and repetitive offences are totally eliminated. Therefore diverse ways should be executed such as community service, enrollment order, secondary security disposal and so on.

KCI등재

6체납세금을 악용한 임대인의 신종 사기범죄 대처방안

저자 : 이동임 ( Lee Dong-im )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 25권 2호 발행 연도 : 2017 페이지 : pp. 147-166 (20 pages)

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There are new types of fraud in the housing and commercial lease in which landlords pay the delinquent tax with the deposit of the tenants. These new frauds are rampant within the legal boundaries and can not be punished effectively. This is because the contract is concluded without confirming the delinquent tax; there is no way to verify unless the landlord agrees to the confirmation of delinquency at the conclusion of the contract. In order for the tax office to collect the tax, auction is made through the seizure of the building and the deposit. If this happens, the tenant will be in great economic and mental trouble causing severe stress if he or she fails to receive some or all of the deposit without any fault on their side. Therefore, the measures to prevent this offense and to create the right housing and shopping culture are suggested as follows. First, relevant regulations must be revised and complemented so that without the consent of the landlord, the tenant can go to the tax office with the lease agreement and ask for confirmation of the delinquency. Second, when the taxation department seizes it through amendment of the National Tax Collection Act, legal adjustments should be made to collect delinquent tax preferentially at the time of the seizure rather than at the time of the delinquency. This will ensure that tenants will be able to confirm the transcript of the register, so that they can avoid the occurrence of damage. Third, with regard to the certified real estate brokerage law, arbitrary regulations should be established in such a way that certified real estate agents can elaborate to the lessee about the mortgages, seizure, and delinquent tax. Fourth, in order to prevent this type of fraud crime of the landlord, regulations should be established to ensure that lease deposits will not be seized by the tax office, or institutional arrangements should be made so that the landlord and tenant can open a joint bank account to preclude the seizure of the deposits.

KCI등재

7학대 피해 장애인에 대한 수사 전 면담기법에 관한 연구

저자 : 류경희 ( Ryu Kyung Hee ) , 공정식 ( Gong Jung Sik )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 25권 2호 발행 연도 : 2017 페이지 : pp. 167-213 (47 pages)

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Over the past few years, forensic interviewing to obtain information from victims with disabilities has been discussed mainly by investigative agencies focusing on victims of sexual violence. However, disability can be a more vulnerable factor in cases such as violation of human rights, abuse, and neglect as well as sexual violence. Furthermore, victims of crime who have a disability can be less able to contact law enforcement and, without disability accommodations, help in the investigation of their victimization. All these cases against persons with disabilities are not proceeded as criminal cases. In this regard, the role of organizations for the disabled dealing with human rights and interests of persons with disabilities is very important. Because these agencies check the facts of discrimination, exploitation and violence, and abuse against persons with disabilities, ask for necessary administrative disposition, and advocate the rights of persons with disabilities. In order to fulfill this role, disability organizations providing help support and assistance for persons with disabilities should interview persons with disabilities. There are the psychological vulnerabilities of people with disabilities attempting to give reliable accounts of events when interviewed by the advocates for the disabled and when testifying in court. Due to improper interviewing, cases involving victims with disabilities have rarely been moved forward for prosecution. In other words, when an interview has not occurred or has not followed the steps of a professional interview, it may make it difficult later on to defend the interview process or content. This study aimed to increase the capacity of advocates for abuse victims who have a disability to interview to people with disabilities in a sensitive and effective manner, recognizing the unique needs of certain individuals. The main aim of the study is offering guidance and tips on approach- ing and interacting with victims who have a disability to find out if he or she has been maltreated and if they have special needs. Advocates for abuse victims who have a disability should learn proper interviewing techniques. They need to obtain an objective comprehensive history before the abuse victims or witness who have a disability is interviewed, carefully prepare for the interview. They should build rapport with interviewee by orienting the individual and conduct a non-leading, non-suggestive, and non-contaminating interview which will produce reliable and complete information from the victims. It is suggested to first ask victims with disabilities to provide a narrative account of the event in question, since this aspect of the interview tends to contain the most reliable information. The interviewer should use the questioning techniques, taking into the account the type and the degree of disability. When closing the interview, the interviewer should thank the victims with disabilities for participating, regardless of the outcome of the interview. The interviewer also should encourage the victims with disabilities to contact him or her later when the victims thinks of new information. Advocates for abuse victims who have a disability have more contact with victims than any other criminal justice professional. This makes their role critical and puts them in a unique position to assist victims immediately after the abuse and encourage and facilitate victim participation in the criminal justice system.

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1연안해역에서 석유오염물질의 세균학적 분해에 관한 연구

(2006)홍길동 외 1명심리학41회 피인용

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