형사사법의 세 가지 지층과 피해자의 지위The Three Layer of Criminal Justice and the Status of Criminal Victim
- Other Titles
- The Three Layer of Criminal Justice and the Status of Criminal Victim
- Authors
- 이상돈
- Issue Date
- 2009
- Publisher
- 한국피해자학회
- Keywords
- criminal victim; modern criminal justice; restorative justice; therapeutic jurisprudence; Madang-understanding; Madang-truth; intersubjectivity; storytelling; criminal victim; modern criminal justice; restorative justice; therapeutic jurisprudence; Madang-understanding; Madang-truth; intersubjectivity; storytelling
- Citation
- 피해자학연구, v.17, no.1, pp.33 - 55
- Indexed
- KCI
- Journal Title
- 피해자학연구
- Volume
- 17
- Number
- 1
- Start Page
- 33
- End Page
- 55
- URI
- https://scholar.korea.ac.kr/handle/2021.sw.korea/121396
- ISSN
- 1229-2923
- Abstract
- As a reflection of modern criminal justice system that excludes criminal victim from the criminal procedure, the reinstation of criminal victim which partly guarantees the victim's participation in criminal procedure, such as the right of testimony in the court, has been tried. But it is the reality that this reinforcement of criminal victim's procedural status remains in the level of modern criminal justice system. This article demonstrates that through the concept of Madang-understanding and Madang-truth, the modern paradigm of criminal justice system and the new paradigm of restorative justice and therapeutic jurisprudence could be simultaneously and coherently operated in order to find a new status of criminal victim. According to the view of Madang-understanding, finding of facts could be possible only in the intersubjective communicative trial court. And as a story empathized with all participants of the trial, the concept of Madang-truth becomes an articulation joint shared by the modern criminal justice system, restorative justice, and therapeutic jurisprudence. The concept of Madang-truth performs as a guidance of litigation reform to secure criminal victim's active subjectivity for the actual protection of her.
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Collections - Graduate School > School of Law > 1. Journal Articles
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