형사절차에서 아동증언의 보호

The Protection of Children's Testimony in Criminal Trial

In this article various problems on children's testimony are examined and serveral countermeasures are suggested by reviewing the current of legislative for the protection of children witness in western countries such as United States, England, and Germany, and by analysing and comparing that of Korea. There are many problems in this theme. Can professionals validly asses children's credibility? How should children be interviewed? What are the best ways to present children's evidence in court? But, the crucial problem lies in how can society safeguard defendant's right while ensuring adequate child protection. The major finding are as follows. 1) Renunciation of the Children's witness in Criminal Trial. If the Child are intimated by the defendant, it should be permitted to renunciate the child's testimony for the sake of the child's safe of body and life. The finding of substantive truth in the case is the only purpose of the criminal procedure and it should not be pursued at the sacrifice of the child's life and safe. 2) CCTV testimony and Videotaped interviews. If the child would be too traumatized by seeing the defendant in the courtroom, prosecutors should consider making a motion for him or her to testify via closed circuit television. It may help reduce trauma and enable the child to testify more effectively, but it may be less compelling than a child's live presence in the courtrooms. In America, the Federal courts and many States allow videotaped testimony of children under special circumstances; Some States include tapes of original forensic interviews with children. These videotapes may be particularly useful when child victims recant their testimony. 3) Expel of th defendant while child are examined. But, this countermeasure includes the possibility of infringe the defendant's right of cross examination, therefore this should be decided carefully. And after the interrogation to child, the main points of interrogation should be informed to the defendant. 4) Special Courtroom Accomodations. Judges should make efforts to ensure that the trial process and courtroom atmosphere help the child witness provide true and accurate information without unnecessary revictimization. Judges need to know and understand the special development needs of children in court.