This research was conducted to research about the reality of hate crime and effective counter plan of each developed countries and to set penal position of hate crimes.
The research method is as following. ary survey was held to investigate history, concept and feature of hate crime, to research counter plan of each developed countries and to set penal position of hate crimes. A survey was held to comprehend the domestic hate crime occurrence rate. The subject of the survey was limited to Chinese, Indonesian and Uzbek and the social standing of the foreigners were limited to laborers and students. According to the survey, 1.1% experienced the crime, and 2.4% was threatened with crime by words or actions. 0.5% have experienced robbery and 0.8% were in danger of robbery. 0.3% were sexually harassed and 1.4% were in danger of sexual harassment. 0.3% had their possession damaged and also 0.3% were in danger of getting their possession damaged. 0.3% experienced a damage in their symbol of religion or nation and also 0.3% were in danger of having their symbol of religion or nation damaged. 1.4% had their possession and money taken and 0.9% were in danger of having their possession and money taken. Lastly, there were none who experienced incendiarism at home or church and 0.2& were in danger of incendiarism at home and church. But compared to the 2009 domestic crime damage reality result, the hate crime damage result shows quite higher rate and the robbery experience was lower in this research. This research has a small and biased sample, but compared to 2008 crime danage research result, it could be inferred that the domestic hate crime occurrence rate is not lower.
The United States requires the Minister of Justice to collect materials related to hate crime through 1990 The Hate Crime Statistics Act, 1994 The Violent Crime Control and Law Enforcement Act and 2009 Matthew Shepard and James Byrd, jr. Hate Crime Prevention Act)’. The subjects that are included in this hate crime are raceㆍ religionㆍsexual tasteㆍnationalityㆍdisabledㆍadolescents crimes and crimes committed by adolescentsㆍcrimes that resulted from discrimination of certain sexual identity. In contrast, the discussion regarding hate crimes is not widely held in Germany. Because they consider hate crimes to not be an independent kind of crime but a traditional crime that the criminal is only motivated by hatred. Hence, i) hate crimes have a low possibility of substantiation when we investigate individual cases, ii) the only way to eradicate hate crime is ti strengthen the penalty, iii) this kind of penalty strengthening only makes the criminal law a "Gesinnungsstrafrecht". But recently in Germany, due to the crime motivated by hatred of foreigners and extreme right conservatives there has been a legislation reform movement since 2000 that calls for strengthening of penalty and especially, the legislations of Brandenburg, Mecklenburg-Vorpommern and Sachsen-Anhalt are representative.
Hate crime is not about a whole new category of crime that is different from the existing traditional crime, but a crime that prejudic ㆍhatred is added to the traditional crime. According to the criminal centered way of understanding, it seems that no other countermeasure is needed. However, according to the victim centered way of understanding, hate crime could be understood as an independent crime that causes physicalㆍmental damage and social damage. Thus, hate crime is a violence crime that has its cause in the holders'ㆍpossessors' race, religion, nationality, gender, politicalㆍ sexual identity, age, mentalㆍphysical disability. The criminal's purpose of the crime becomes an attack to what the victim represents. Then this makes the normal nations unstable because they will feel that they could once be a victim of the crime and this becomes a factor for social unrest. Hence, in order to have a countermeasure to prevent thin, a concept of 'hate crime' should be admitted and the need for harsh penalty of crimes that is motivated by hatredㆍanger will increase. Nevertheless, we should beware that the regulation of hate crime that is legislated to settle social unrest not only end as a way to show that "legislator or the government is doing something for the people(known as symbolic legislation)."