지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
이용수
초록· 키워드
오류제보하기
Concerning the case of the false confession of police officer, Mr. Kim, I have observed the whole process of his mental structure in view of Lacan's theory. According to Lacan's theory, false confession can take place at anytime in our daily lives because of the mirror images of ourselves, bringing misunderstanding to ourselves. A suspect, interrogator, prosecutor, and a judge altogether need the ethicsto--Lacan's psychoanalysis is considered as ethics--break from the trap of the misunderstanding.
For that purpose, we have to understand the discourses of the parties involved in this case. The interrogator's attempt in this case is a discourse of the master which aims at the ideology of protecting the society by eradicating crimes. The false confession by the suspect is a type of hysterical discourse, which means to try to control and cover his depression in the desperate situation where he feels not able to defend himself and avoids this situation by agreeing with, and hoping to win favor from, an interrogator. Such a false confession is a discourse of hysteria made by a pitiable suspect who is under the duress of conventional investigators, which means that the suspect's discourse of false confession supervenes the discourse of master of the interrogator. Consequently, the suspect's false confession disappears at the same time as the discourse of master in the process of the interrogation disappears. In the meantime, the discourse of the master interrogating suspect is to be easily influenced by the discourse of the science. Therefore, the imaginary wall of false confession is interwoven by the discourses of master, hysteria and science. The wall of the false confession resulted from the above discourses, making it difficult for the judge under the influence of the discourse of the master and the science to break through the wall, will lead to an adverse judgment to the defendant, causing him to suffer.
In order to break the wall of the false confession, we need to find another discourse which is able to overcome the above discourses. The discourse of the analyst, existing asymmetrically with the other discourses, will play the role of finding the truth and breaking the imaginary falsity of confession. From the position of the analyst, the misunderstandings that all the parties in the case of Mr, Kim's false confession overlooked could be removed by the knowledge of that discourse existing in the position of the truth.
Furthermore, the analyst's discourse will be helpful to solve the problems of the conventional judicial system such as interrogation, autopsy, trial, training system for judges by criticizing misunderstanding inherent in this system.
For that purpose, we have to understand the discourses of the parties involved in this case. The interrogator's attempt in this case is a discourse of the master which aims at the ideology of protecting the society by eradicating crimes. The false confession by the suspect is a type of hysterical discourse, which means to try to control and cover his depression in the desperate situation where he feels not able to defend himself and avoids this situation by agreeing with, and hoping to win favor from, an interrogator. Such a false confession is a discourse of hysteria made by a pitiable suspect who is under the duress of conventional investigators, which means that the suspect's discourse of false confession supervenes the discourse of master of the interrogator. Consequently, the suspect's false confession disappears at the same time as the discourse of master in the process of the interrogation disappears. In the meantime, the discourse of the master interrogating suspect is to be easily influenced by the discourse of the science. Therefore, the imaginary wall of false confession is interwoven by the discourses of master, hysteria and science. The wall of the false confession resulted from the above discourses, making it difficult for the judge under the influence of the discourse of the master and the science to break through the wall, will lead to an adverse judgment to the defendant, causing him to suffer.
In order to break the wall of the false confession, we need to find another discourse which is able to overcome the above discourses. The discourse of the analyst, existing asymmetrically with the other discourses, will play the role of finding the truth and breaking the imaginary falsity of confession. From the position of the analyst, the misunderstandings that all the parties in the case of Mr, Kim's false confession overlooked could be removed by the knowledge of that discourse existing in the position of the truth.
Furthermore, the analyst's discourse will be helpful to solve the problems of the conventional judicial system such as interrogation, autopsy, trial, training system for judges by criticizing misunderstanding inherent in this system.
목차
1. 1992年 K巡警 事件
2. 이 事件의 虛僞自白 形成過程
3. 이 事件의 自白과 그 虛僞의 徵表
4. 科學的 證據의 影響
5. 虛僞自白의 構造와 心理分析
6. 虛僞自白 談論의 네 次元
7. 이 事件의 法心理學的 敎訓
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UCI(KEPA) : I410-ECN-0101-2009-185-015585543