범죄피해자구조청구권의 기본권주체

초록

Criminal victims have a right to claim for aid under Art. 30 of South Korea’s Constitution. The objectives of this guarantee are to help criminal victims recover damages and return to normal life. However, the Crime Victim Protection Act states that victims have no right to request aid if the crime occurs in a foreign country. This article asserts that the Act, by excluding victims of foreign crimes from aid, violates the equal protection clause in Art. 11 of the Constitution. The Constitutional Court has already ruled that the exclusion of the victims of crimes in foreign countries is constitutional; nevertheless it is necessary for the legislature to amend the Act in order to bring it into conformity with the Constitution. The amendment should include not only Korean citizens who fall victim to crimes in a foreign country, but also foreign citizens who become victims of crimes committed in Korea. The Overseas Korean National Protection Act bills, which were submitted to the 19th National Assembly, are under discussion, though it does not look very likely that these bills will be passed during this legislative session. These bills will provide for consular assistance and protections for Korean citizens abroad, but do not include aid for victims who suffer from crimes in foreign countries. They also fail to provide aid or assistance for foreigners who suffer from crimes in Korea. During the next legislative session, the Legislature should submit bills that provide aid for Koreans who fall victim to crimes while abroad. The bills should also include assistance for foreign victims who suffer from crimes in Korea.

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