The Significance of Constitutional Protection of Crime Victims’ Rights - Focusing on the Right to Claim Crime Victim Compensation

The state's compensation for crime victims is a financial support provided to victims or their families in cases where the victims have died, sustained disabilities, or suffered severe injuries due to criminal acts, and have not been fully or partially compensated for their damages. This support is given based on the constitutional rights of crime victims. Considering the purpose of this system, the court's consideration of the offender's repayment of the compensation as a mitigating factor in sentencing is an incomprehensible judgment. This paper addresses the importance of protecting the rights of crime victims and their constitutional guarantees. It focuses on the introduction and significance of the crime victim compensation claim. By examining various case laws, the paper reviews the current state and issues of the crime victim protection system and discusses the obligations and roles of the state in ensuring the fundamental rights of crime victims. The necessity of legal and institutional remedies is emphasized to establish the crime victim compensation claim as a constitutional right for the protection of crime victims' human rights. The paper aims to explore measures to ensure that the rights of crime victims are substantively protected.

Publication Details

Journal
Korean Association Of Victimology
Published
2024-08-31
DOI
https://doi.org/10.36220/kjv.2024.32.2.27
Primary Topic
Legal and Social Justice Studies
Type
article
Field-Weighted Citation Impact
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article

The Significance of Constitutional Protection of Crime Victims’ Rights - Focusing on the Right to Claim Crime Victim Compensation

Korean Association Of Victimology
Legal and Social Justice Studies
article

The Significance of Constitutional Protection of Crime Victims’ Rights - Focusing on the Right to Claim Crime Victim Compensation

article en

Abstract

The state's compensation for crime victims is a financial support provided to victims or their families in cases where the victims have died, sustained disabilities, or suffered severe injuries due to criminal acts, and have not been fully or partially compensated for their damages. This support is given based on the constitutional rights of crime victims. Considering the purpose of this system, the court's consideration of the offender's repayment of the compensation as a mitigating factor in sentencing is an incomprehensible judgment. This paper addresses the importance of protecting the rights of crime victims and their constitutional guarantees. It focuses on the introduction and significance of the crime victim compensation claim. By examining various case laws, the paper reviews the current state and issues of the crime victim protection system and discusses the obligations and roles of the state in ensuring the fundamental rights of crime victims. The necessity of legal and institutional remedies is emphasized to establish the crime victim compensation claim as a constitutional right for the protection of crime victims' human rights. The paper aims to explore measures to ensure that the rights of crime victims are substantively protected.

Korean Association Of VictimologyVol. 32(2)
Openalex Percentile: Top 66%
Legal and Social Justice Studies
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The Significance of Constitutional Protection of Crime Victims’ Rights - Focusing on the Right to Claim Crime Victim Compensation · Korean Association Of Victimology (2024) | TGRS Research Map | TGRS