성폭력범죄에 대한 국민참여재판의 문제점과 개선방안

A Study on the Issues and the Improvement Plans of Korean Jury Trial for the Sex Offense

There are several issues such as secondary victimization of sexual assault victims in a process of trial and an invasion of privacy in the process of juror selection in Korean jury trial. Thus, it is necessary an institutional strategy considering the particularities of sex offense. This study has sought improvement plans with this critical mind. The issues and the improvement plans as results of the study are the following. The First,「People's participation in criminal trial Act」has prescribed only the option of the accused. However, it has to exclude jury trial if a sexual assault victim does not want for secondary victimization because the accused's right and the victim's protection should be balanced. The second, the trial for sex offense can be a private hearing but it has increased possibility of secondary victimization because victims have to testify in front of juror in jury trial. Therefore, it has to prohibit that sexual history and character of sexual assault victims is used as evidence. Furthermore, it should be to appoint a public defender for child and juvenile victims of sexual assault. The third, it is possibility to verdict favorable or unfavorable if the jury candidates have experienced sex offense or sexual assault victimization. Thus, it is necessary to use a supplementary question form to inquire sexual experience and consciousness of the jury candidates. The fourth, it is occurred an invasion issue of the jury candidate's privacy in the process of juror selection because it should inquire to the jury candidates about experiences of sex offense or sexual assault victimization. Therefore, it has to stipulate a notification on a private sidebar question and a juror's information security.