성폭력 범죄피해 아동・장애인을 위한 진술조력인의 한국형 역할모델
The Role Model of Intermediary in South Korea
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Intermediary is to assist the victims of sexual abuse, children under 13 years old or disabled people who have difficulties to communicate with other people so that they can give statements about their experience sufficiently during the criminal justice process. Korean intermediary system is due to be implemented on 12 December, 2013. It is hereby tried to establish the role of intermediary which best suits to our reality by analyzing the pre-existing statement-related system in South Korea and aboard. To achieve this, literature search, meeting with related field employees, interview with related professionals abroad, advisory conference of internal related professionals are performed. Through this information, the role model of Korean intermediary system was established and the qualification and virtue for intermediary was also defined. Intermediary was defined according to legal basis of South Korea and role, qualification, application plan of intermediary were discussed. Whereas the role of intermediary in trial process is important abroad, Korean intermediary is expected to do important role in investigation process. They are also expected to be neutral and fair. The role of intermediary is explained by dividing into pre-investigation process, investigation process, and trial process. Finally recommendation about the way to settle the intermediary system in South Korea and limitation were discussed.
Abstract
Intermediary is to assist the victims of sexual abuse, children under 13 years old or disabled people who have difficulties to communicate with other people so that they can give statements about their experience sufficiently during the criminal justice process. Korean intermediary system is due to be implemented on 12 December, 2013. It is hereby tried to establish the role of intermediary which best suits to our reality by analyzing the pre-existing statement-related system in South Korea and aboard. To achieve this, literature search, meeting with related field employees, interview with related professionals abroad, advisory conference of internal related professionals are performed. Through this information, the role model of Korean intermediary system was established and the qualification and virtue for intermediary was also defined. Intermediary was defined according to legal basis of South Korea and role, qualification, application plan of intermediary were discussed. Whereas the role of intermediary in trial process is important abroad, Korean intermediary is expected to do important role in investigation process. They are also expected to be neutral and fair. The role of intermediary is explained by dividing into pre-investigation process, investigation process, and trial process. Finally recommendation about the way to settle the intermediary system in South Korea and limitation were discussed.
참고문헌 (29)
- "“경찰조사관이 유도질문”...법원, 성폭력 피해 아동진술 또 배척"[URL]
- 법률조력인 전문화 과정(Ⅰ), "김재련", 법무부·대한변호사협회, ~ (2012)
- 성폭력 범죄 피해 아동·장애인에 대한 진술조력인 제도 연구, "김정혜", 법무부, ~ (2012)
- 김태경, "아동성폭력 관련 영역에서 심리전문가의 역할", 한국심리학회 연차학술대회 자료집, pp.490~491 (2010)
- 김태경, "성폭력 피해 아동의 진술양상", 한국심리학회지 임상, 29(1), pp.301~325 (2010), 한국임상심리학회
- 김태경, "진술조사의 맥락에서 본 기억과 피암시성. 아동의 진술신빙성:질문기법의 맥락에서", pp.374~400 (2009), 시그마프레스
- 김태경, "아동성폭력 피해 가능성 평가기준 개발 및 타당화", 한국심리학회지:일반, 29(3), pp.583~609 (2010), 한국심리학회
- 김현석, "우리나라 법정에서 심리전문가의 역할과 기대", 한국심리학회 연차학술대회자료집, pp.486~487 (2010)
- "법무부, 성폭력 피해자 ‘진술조력인’ 제도 입법예고"[URL]
- 아동 성폭력 관련 제도 연구 미주 출장 보고서, "대검찰청", 3~7 (2010)
- 2012년 증인지원관 연수 자료, "대법원", 법원공무원교육원, ~ (2012)
- 아동성폭력 진술조사 전 조치 매뉴얼 개발, "송동호", 대검찰청, ~ (2009)
- 성폭력 피해아동 진술과정참여 전문인력 양성 프로그램 개발, "송동호", 여성가족부, ~ (2010)
- "증인지원관제 실시, 장애인 편의 방안 마련해야"[URL]
- "당신을 특수강간 용의자로 체포합니다"[URL]
- "피해자 진술 진실게임... 항소심·상고심서 뒤집힌 사례수두룩"[URL]
- A Voice for Vulnerable People within the Criminal Justice System, Registered Intermediaries, , Creating a safe, just and democratic society, ~ (2013)
- Achieving Best Evidence in Criminal Proceeding: Guidance on Interviewing victims and witness and guidance on using special measures, , Ministry of Justice, ~ (2010)
- Ceci, S. J., "The suggestibility of the child witness: A historical review and synthesis", Psychological Bulletin, 113, pp.403~439 (1993)
- Vulnerable and Intimidated Witnesses. A Police Service Guide, "Clayton, S.", Ministry of Justice, ~ (2011)
- Faller, K. C, "Interviewing children about sexual abuse: contraversies and best practice" (2007), Oxford University Press
- Hewitt, S. K., "Protecting our children from sexual abuse: Why our current system is not working childhood sexual behavior, In Assessing allegations of sexual abuse in preschool children: Understanding small voice" (1999), Sage
- London, K., "How children report sexual abuse to others: Findings and methodological issues. Memory, In Memory and Trauma", pp.29~47 (2008), Psychology Press
- Marowa-Wilkerso, T., "A Cooperative Analysis of the Intermediary Systems in South Africa, Nambia, Zimbabwe and Ethiopia" (2011), Rhodes University
- The Prevention of Crime and the Treatment of offenders in Israel, "Morag, T.", Legal Department, National Council for the child, ~ (1995)
- Spencer, J. R., "Children and Cross-examination; Time to change the rule?" (2012), HART
- "The Registered Intermediary Procedural Guidance Manual", Victims and Witness Unit, Ministry of Justice, ~ (2012)
- "The Registered Intermediary Procedural Guidance Manual", United Kingdom. Ministry of Justice, ~ (2012)
- Vrij, A., "Detecting lies and deceit: Pitfalls and opportunities" (2008), Wiley & Sons, Inc
