수사절차에서의 피해자 권리 관련 규정 및 입법 방향 - 수사절차법의 제정과 관련하여-

초록

Historically, the rights of victims in the criminal justice process have been marginalized due to conflicts—or perceived conflicts—with the constitutional principle of ensuring the defense rights of suspects and defendants. However, with recent discussions on the separation of investigation and prosecution powers, legislative efforts to enact an independent "Investigation Procedure Act" by separating investigative provisions from the current Criminal Procedure Act are gaining momentum. Against the backdrop of these legislative discussions aimed at enhancing transparency and human rights, this study analyzes existing victim protection regulations within investigative procedures and proposes a desirable legislative direction. To this end, this study examines various statutes and internal regulations, including the Criminal Procedure Act, the Regulations on Cooperation and General Investigative Principles, the Police Investigation Rules, and the Human Rights Protection Investigation Rules. Setting aside the academic debate over the legal status of such internal rules, this study aims to identify elements consistent with victims' rights and argues for their inclusion in the forthcoming Investigation Procedure Act. The future Investigation Procedure Act should not only declare the principle of victim protection and mandate measures to prevent secondary victimization but also explicitly stipulate provisions to guarantee victims’ substantial procedural participation. Specifically, this includes improving the effectiveness of notifications regarding investigative progress and case dispositions, securing victims' right to appeal non-referral decisions, strengthening the right to be accompanied by trusted persons and the right to state opinions, ensuring the right to legal counsel, establishing a new right for victims to request the preservation of evidence, and reinforcing human rights education for investigative personnel. In conclusion, the enactment of the Investigation Procedure Act must transcend a mere readjustment of authority between investigative agencies and instead proceed in a direction where victims' rights are substantially guaranteed. It cannot be overemphasized that the restoration of victims' rights is the realization of justice, a principle that must remain at the core of any discussion regarding the Investigation Procedure Act. In conclusion, the reform of the investigative structure and the enactment of the Investigation Procedures Act must transcend a mere readjustment of authority between investigative agencies; they must move toward a balance between the suspect's right of defense and the victim's rights. This study holds significance in emphasizing that the restoration of victims' rights is a realization of justice and in articulating specific legislative recommendations to achieve this end.

키워드