전문가 의견조회의 성과와 발전방안 : 판‧검사 설문조사를 중심으로

With the partial amendment of the Act On Punishment of Sexual Violence Crime by the law number 10258 on April 15, 2010, the system of the opinion inquiry of a specialist has been introduced and being enforced in the process of investigation and trial on children and disabled persons. In other words, in the procedure of investigating the sex violence on children and disabled persons, by conducting the Statement Validity Analysis on the statement obtained through an inquiry on victim by a specialist, a technique for judging credibility of children’s statement is being utilized in the domestic judicial system. With the introduction of this system, every civil groups and the Ministry of Gender Equality and Family operated a program for cultivating specialists for analyzing a statement, and through this process, statement analysis specialists belonged to the Korean Psychological Association carry out the statement analysis on children and disabled persons at 21 one-stop support centers all over the country. I have analyzed the opinion through the questionnaire in which the report recorded with the specialist’s opinion affected to the judges and prosecutors in charge of sex violence on children, and how much this system contributes to protect human right of children and prevents the secondary damage. As a result of the analysis, it was found that the behavior statement report of the specialists affected 85% of judges’ decision on verdict of guilt or not-guilt, and 88% of prosecutors’ decision on indicting, which affected them very much. Furthermore, in relation to the meaning of this system, I have prepared through the questionnaire for a concrete improvement plan for the development of the specialist-participating system for which the specialists must possess qualification and experience, etc. together with the influence affecting to children.