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.
논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 발행연도
- 2015.6
- 수록면
- 53 - 84 (32page)
- DOI
- 10.14431/aw.2015.06.31.2.53
이용수
초록· 키워드
오류제보하기
The five-year experimental period of the “Citizen Participatory Trial System,” implemented in 2008, has come to an end. Currently, the people are waiting for the final form of the participatory trial system to be established. Based on the analysis of operation results of the participatory trial system, the Committee for Citizens’ Participation in the Judicial System under the Supreme Court of Korea has resolved an amendment direction of the Act on Citizen Participation in Criminal Trials (the “Act”) in March 2013. According to the direction, the Ministry of Justice worked out a partially revised bill of the Act. However, the aforementioned bill has been evaluated as being insufficient in properly reflecting public interest, i.e., the protection of sex crime victims.
This study specifically focuses on sex crime cases among the actual operation data of the participatory trial system published by the Committee for Citizens’ Participation in the Judicial System, and reanalyzes the results of and issues with the implementation of participatory trials. Furthermore, through applying the contents of legislation and legislative arguments aimed at protecting sex crime victims in participatory sex crime trials, the authors suggest improvement measures that can not only prevent possible secondary victimization such as the disclosure of sex crime victims’ identities and the violation of their privacy in the participatory trial procedure, but also ease their psychological burdens.
The authors propose three legal and institutional measures of improvement. First, in regard to the eligible cases for participatory trials and the decision for exclusion prescribed in the Act, the defendant’s request for a participatory trial and the sex crime victim’s right of objection to such a trial should be considered properly on equal footing to prevent secondary victimization, and consequently, the aforementioned victim’s right of objection should be further strengthened. Second, as for the argument that at least a certain number of female jurors should mandatorily take part in a participatory trial, the authors believe that a careful approach should be taken based on the analysis of the five-year operation results and performance, while recognizing the necessity to secure fairness in jury composition. Lastly, with respect to the matter of victims/witnesses and their interrogation in the participatory trial procedure for sex crimes, it is necessary to implement a legislative measure that can resolve the sex crime victims’ mental distress deriving from concerns about their identities being disclosed and their privacy being violated in front of jurors.
This study specifically focuses on sex crime cases among the actual operation data of the participatory trial system published by the Committee for Citizens’ Participation in the Judicial System, and reanalyzes the results of and issues with the implementation of participatory trials. Furthermore, through applying the contents of legislation and legislative arguments aimed at protecting sex crime victims in participatory sex crime trials, the authors suggest improvement measures that can not only prevent possible secondary victimization such as the disclosure of sex crime victims’ identities and the violation of their privacy in the participatory trial procedure, but also ease their psychological burdens.
The authors propose three legal and institutional measures of improvement. First, in regard to the eligible cases for participatory trials and the decision for exclusion prescribed in the Act, the defendant’s request for a participatory trial and the sex crime victim’s right of objection to such a trial should be considered properly on equal footing to prevent secondary victimization, and consequently, the aforementioned victim’s right of objection should be further strengthened. Second, as for the argument that at least a certain number of female jurors should mandatorily take part in a participatory trial, the authors believe that a careful approach should be taken based on the analysis of the five-year operation results and performance, while recognizing the necessity to secure fairness in jury composition. Lastly, with respect to the matter of victims/witnesses and their interrogation in the participatory trial procedure for sex crimes, it is necessary to implement a legislative measure that can resolve the sex crime victims’ mental distress deriving from concerns about their identities being disclosed and their privacy being violated in front of jurors.
목차
Abstract
Introduction
Launch of the Act
The Significance and Current Status of Sex Crimes Eligible for a Participatory Trial
Issues of Civil Participatory Trials for Sex Crimes and Measures to Improve the System
Conclusion
References
참고문헌 (20)
참고문헌 신청
[학술지(정기간행물)] - Chang, J. S / 2009 / Issues in Korean Civil Participatory Trial and Improvement Measures / Law Review 36 : 401 ~ 422
[학술지(정기간행물)] - 조국 / 2002 / 강간피해 고소여성의 성관계 이력의 증거사용 제한 ― 미국 “강간방지법”을 중심으로 / 저스티스 69 : 178 ~ 191
[단행본] - Cho, K / 2004 / Gender Bias of Criminal Law and Procedure / Parkyoungsa
[학술지(정기간행물)] - Chung, H. M / 1999 / Victims of Sexual Crime in the Criminal Procedure / Korean Journal of Victimology 7 : 297 ~ 318
[학술지(정기간행물)] - Chung, H. M / 2000 / Secondary Victimization of Sex Crime Victims in the Criminal Procedure / Korean Journal of Victimology 8 : 162 ~ 200
[학술지(정기간행물)] - 조국 / 2002 / 강간피해 고소여성의 성관계 이력의 증거사용 제한 ― 미국 “강간방지법”을 중심으로 / 저스티스 69 : 178 ~ 191
[단행본] - Cho, K / 2004 / Gender Bias of Criminal Law and Procedure / Parkyoungsa
[학술지(정기간행물)] - Chung, H. M / 1999 / Victims of Sexual Crime in the Criminal Procedure / Korean Journal of Victimology 7 : 297 ~ 318
[학술지(정기간행물)] - Chung, H. M / 2000 / Secondary Victimization of Sex Crime Victims in the Criminal Procedure / Korean Journal of Victimology 8 : 162 ~ 200
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