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학술논문비교형사법연구2013.12 발행KCI 피인용 10

아동 피해자 보호를 위한 국제규범의 형사절차법적 수용과 합리적 이행방안-UN 아동권리협약과 아동 피해자·증인사법지침을 중심으로-

Study on Korean criminal process's acceptance and reasonable implementation of international regulations of protecting for children's right -laying stress on UN convention on the rights of the child and UN guidlines on justice in matters involving child victims and witnesses of crime-

권순민(조선대학교)

15권 2호, 171~202쪽

초록

The Convention on the Rights of the Child carries legal binding force to member nation and Republic of Korea ratify the treaty. UN guidlines on justice in matters involving child victims and witnesses of crime were adopted by the UN in 2005 for children who have been harmed by crime. Article 12 of UN convention on the rights of the child and UN guidlines on justice in matters involving child victims and witnesses of crime were created sure that children who have seen others harmed are protected and treated fairly in criminal procedure. Children victimized and harmed may asked to say what they see before police officer and judge. The most of children are worried and frightened during their testimony. These international regulations demand to help protect children when they go to talk police, lawyer, social worker. children victim has the right to be informed, to be heard and to express views and concerns, to effective assistance, to privacy and to be protected from hardship during the justice process. It is important to protect the child from any possible danger in criminal process. Korean criminal process includes legal programme that protects for children victim before, during and after the criminal justice process. Children victim and witness should have access to assistance provided by professionals. These assistances include support service such as legal, consultative, testimonial. It is allowed the court to order the use of closed-circuit television, if the judge finds that the child is unavailable to testify in open court and the electronic recording of statements. However I think these programme for children victim and witness concentrating in field of sexual crime have to dispread any other crime related children victim and witness

Abstract

The Convention on the Rights of the Child carries legal binding force to member nation and Republic of Korea ratify the treaty. UN guidlines on justice in matters involving child victims and witnesses of crime were adopted by the UN in 2005 for children who have been harmed by crime. Article 12 of UN convention on the rights of the child and UN guidlines on justice in matters involving child victims and witnesses of crime were created sure that children who have seen others harmed are protected and treated fairly in criminal procedure. Children victimized and harmed may asked to say what they see before police officer and judge. The most of children are worried and frightened during their testimony. These international regulations demand to help protect children when they go to talk police, lawyer, social worker. children victim has the right to be informed, to be heard and to express views and concerns, to effective assistance, to privacy and to be protected from hardship during the justice process. It is important to protect the child from any possible danger in criminal process. Korean criminal process includes legal programme that protects for children victim before, during and after the criminal justice process. Children victim and witness should have access to assistance provided by professionals. These assistances include support service such as legal, consultative, testimonial. It is allowed the court to order the use of closed-circuit television, if the judge finds that the child is unavailable to testify in open court and the electronic recording of statements. However I think these programme for children victim and witness concentrating in field of sexual crime have to dispread any other crime related children victim and witness

발행기관:
한국비교형사법학회
DOI:
http://dx.doi.org/10.23894/kjccl.2013.15.2.007
분류:
법학

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