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A Victimological Analysis of State Responsibility under Neoliberalism - A Comparative Study of Sexual Violence Victim Protection Systems in South Korea and Japan-

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2025, 13(2), pp.691~718
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : April 30, 2025
  • Accepted : May 23, 2025
  • Published : May 31, 2025

Joung Soon Hyoung 1,  Yoon Hyun-seok 1

1광주여자대학교

Accredited

ABSTRACT

This study compared the protection systems of victims of sexual violence in Korea and Japan and analyzed how the state's method of performing responsibilities affects the effectiveness of guaranteeing victims' rights from a victimological perspective in a neoliberal policy environment. In particular, the purpose of this study was to critically diagnose the institutional limitations of the victim-centered approach and the tendency to outsource state responsibility by comparing the laws and implementation structures for responding to sexual violence in both countries. Literature analysis and comparative legislation methods were used to achieve the research objectives, and the targets of analysis are Korea's Special Cases Act on the Punishment of Sexual Violence Crimes, the Act on the Prevention of Sexual Violence and the Protection of Victims, Japan's Basic Act on Crime Victims, and the revised Criminal Law in 2023. As a theoretical analysis framework, Bonnie G. Smith's theory of gender policy criticism of neoliberalism was applied. As a result of the study, both Korea and Japan have legal and institutional foundations for victim protection, but in actual operation, they revealed common limitations such as a reduction in state responsibility, a consignment structure centered on private institutions and NGOs, and a weakening of publicity. Japan guarantees victims' accessibility and autonomy relatively stably through organic cooperation between the central government, local governments, and private institutions, but the gap in service deviations and execution capabilities between regions is still pointed out as a problem. In Korea, the protection of victims is subordinated to the criminal justice-centered system, and structural restrictions such as dualization of legal systems, segmentation of implementation structures, resource gaps between regions, and low reporting rates make it difficult for victims to recover substantially. As the victim's economic independence and long-term recovery support depend on the private and market, the neoliberal structure in which the responsibility for recovery is transferred to individuals is intensifying. Therefore, in order to improve the victim protection system in Korea, this study suggested policy tasks such as strengthening direct intervention by the state, restoring the publicity of victim support institutions, linking legal system integration and information and procedures, establishing a support system centered on prevention and recovery, and ensuring equity between regions. Future research requires empirical analysis of victims' actual system use experiences and follow-up studies that can lead to more sophisticated policy design through expansion of comparison targets between countries.

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