성폭력범죄 미성년 피해자의 보호와 피고인의 반대신문권 보장 - 대상결정 : 헌법재판소 2021. 12. 23.자 2018헌바524 결정 -

The exercise of the defendant's right to cross-examine guarantees the right to a fair trial, giving the judgment procedural justification, and verifying the victim's statement, enabling the discovery of substantive truth. In this regard, the provisions violated the defendant's right to a fair trial by limiting the right to cross-examine only for the purpose of protecting minor victims, and the Constitutional Court's decision is valid. However, this decision has created a gap in the protection of minor victims of sexual violence crimes, we should do our best to prevent secondary damage to minor victims by utilizing the current legal system such as Article 314 of the Criminal Procedure Act, video witness interrogation, and out-of-court witness interrogation system. In addition, legislation should be made to protect minor victims of sexual assault cases while guaranteeing the right to cross-examine. The measures could include guaranteeing opportunities for cross-examination, grounds for pre-submission of questions, specialization and unification of investigators, strengthening cooperation between police and prosecutors, and preventing secondary damage to lawyers.