A Study on Crime Victims’ Right to Participate in Criminal Proceedings and the System of State-Appointed Counsel

This study examines the legal and institutional implications of crime victims’ rights to participate in criminal proceedings and the victim counsel system, with a particular focus on the court-appointed counsel system (gukseonbyeonhosa) for victims. It further explores the potential for expansion and improvement of these systems. In line with international criminal policy trends, there has been a shift toward recognizing victims not merely as passive recipients of protection but as active holders of rights. In South Korea, special provisions allowing attorney appointments and the appointment of court-appointed counsel have gradually been introduced and expanded, mainly for victims of certain specified crimes. The analysis reveals that crime victims’ participatory rights in Korea are categorized into two main groups: general rights provided under the Criminal Procedure Act and the Crime Victim Protection Act, and special participatory rights granted to victims of specific crimes under the so-called “Six Special Acts” (Teukrye6beop). The former allows victims to exercise their rights directly or through private counsel, while the latter mandates the exercise of rights through counsel, with court-appointed counsel provided when necessary. However, the current system faces structural limitations, including restricted scope of application, lack of explicit statutory provisions, and insufficient numbers of court-appointed counsel, especially in certain regions. This study proposes the following policy directions: (1) enshrine the legal basis for participatory rights, attorney appointment, and court-appointed counsel in higher- level statutes; (2) design participation criteria based on the severity of harm and the necessity of rights protection rather than on crime categories; (3) expand the pool of court-appointed counsel and enhance their expertise through specialized training and systematic monitoring; and (4) ensure that the protection of victims’ rights does not undermine defendants’ rights to defense or the fairness of criminal proceedings. Ultimately, the expansion of the victim counsel system and the court-appointed counsel system not only strengthens victim protection but also enhances the overall credibility and fairness of the criminal justice process. These reforms are essential for ensuring that victims are recognized not as peripheral figures but as rights-bearing participants in criminal proceedings.