일본 국선보조인제도의 현황 및 그 시사점

Abstract

Protection procedures, which were based only on the Juvenile Act in the past, have been extended to family protection cases, child protection cases, and child victim protection order cases. In addition, in these cases, the court-appointed assistant system for legal assistance of actors or children affected has also been expanded. However, despite the purpose of the court-appointed assistant system to guarantee actors’ rights or protect the fundamental rights of victims, it is difficult to assert that the system is operating for its original purpose due to questions about the nature and function of the court-appointed assistant and budget problems. In this situation, reviewing the contents and operation status of foreign systems can be an important reference for improving our system, and the Japanese system, which has a similar system to ours, is of great value. In Japan, only lawyers can become public assistants in juvenile protection cases, and the problem of blind spots in legal support for the vulnerable is solved by utilizing the duty assistant system. In addition, the Japan Legal Support Center not only manages public assistance-related projects but also manages court-appointed defense counsels and attorneys at law for victims. In addition, in consideration of the difficulty of the trial, the standards for payment of attorney fees suitable for each characteristic are stipulated in detail. In particular, it is impressive that it is designed to enable practical legal assistance by establishing a performance-based pay system.