성폭력 범죄 관련 특별법상 소위 영상녹화제도의 위헌성과 합리적 운영방안에 대한 검토

Abstract

Videotaped testimony system is included in the Act in the protection of children and juveniles from sexual abuse and the Act on special cases concerning the punishment, etc. of sexual crimes. According to these Acts, in cases where the victim referred to in paragraph (1) is under the age of 19 or lacks ability in discerning things or making decisions due to any physical or mental impediment, the contents of the statement made by the victim and the process of investigation shall be videotaped by a video recording device such as a videotape recorder and kept. The statement of a victim contained in the images recorded in accordance with the procedures set forth above Acts may be used as evidence when the veracity of its constitution is acknowledged by the victim or a person who is in fiduciary relationship and has sat in company with the victim on the date of preparation of a trial or on date of a trial. This system intended to protect children and disabled person victim witness from secondary victimization. They also refuge to testify despite the judge’s request in court sometimes. The Constitutional Court ruled that this system is constitutional. Someone suggests this system could play great role for protecting the secondary damage of victim and secure victim’s statement as evidence in early investigation stage. However, This system also violates a right of confrontation and cross-examination of defendant seriously. We should reexamine thoroughly this system and look for the way less- violated in the defendant’ right.