개정된 성폭력처벌법상 아동 피해자의 영상녹화물 진술의 증거능력 – 일본의 피해자 진술의 영상녹화물에 대한 특칙규정과의 비교를 중심으로 –

This article provides a comparative analysis of the legal systems in Korea and Japan regarding the requirements for the admissibility of videotaped child victim statements. The competing values of obtaining quality testimony from child victims, preventing secondary victimization of victims, and the rights of the accused must be balanced in any system that seeks to replace or supplement courtroom testimony with videotaped child victim statements. South Korea has amended its Sexual Violence Act to address the need to obtain quality testimony. The revised law restricts the use of video recordings as evidence unless the defendant’s right to cross-examination is fully guaranteed. This approach gives rise to concerns that it may not be possible to obtain high quality testimony. Another issue that needs to be addressed is the psychological burden on victims during the cross-examination process. Japan, on the other hand, has made changes that prioritize quality statements. Video recordings of child victims’ statements are admitted without any evidentiary review, and the defendant’s right to cross-examination in subsequent proceedings is guaranteed. While this can be seen as an effort to strengthen the reliability of statements through judicial questioning, the law targets vulnerable and atrophied witnesses for all crimes, not just child victims, and there is a risk that the defendant’s right to cross-examination may be unduly restricted due to the wide range of crimes and targets. In conclusion, while both Korea and Japan have made improvements in their systems for obtaining quality testimony, both countries still need to improve their efforts to prevent secondary victimization of child victims.