증인보호 프로그램의 새로운 지평을 위하여 - 신원세탁과 주거이전 프로그램의 도입방안 -

Abstract

This paper is written to introduce American Witness Protection Program into South Korean criminal justice system. In South Korea, we have also taken steps to protect witnesses against defender’s retaliation. However it is estimated that they have only limited effect. A number of law enforcement agencies and prosecutors push for more innovative approaches such as providing relocation services to threatened witnesses. The Witness Protection Program of USA provides a good model that we follow. It contains two progressive programs - (a) to provide suitable documents to enable the intimated witness to establish a new identity and (b) to provide housing and the transportation of household furniture for the person. In addition, it also provides to the person a payment to meet basic living expenses and assists the person to obtain employment. On the other hand, it seeks to minimize side effects that relocated witnesses avoid civil obligations including debts and infringe others’ rights of parent-child relationships. The majority of commentators accept that the Witness Protection Program of USA is essential to the prosecution of hundreds of cases. With the protection provided by the program, some important witnesses can testify without fear of being taken revenge on. In this situation, I devise a scheme of South Korean Witness Protection Program in this paper.