진술조력인의 진술조력을 둘러싼 증거법적 제 문제 - 직접주의와 전문진술을 중심으로 -

Intermediaries play a crucial role in uncovering the substantive truth in criminal justice proceedings. While their role is crucial during investigations, their role in the trial is even more crucial because they ensure the victim's statements are reported to the judge fairly and objectively. However, the role of intermediary itself contains a fundamental problem in criminal procedure in that it mediates or assists the victim's statement. Statement assistance is related to court-oriented trial, principle of direct examination and hearsay statement, and among the foregoing, it is more closely related to the principle of direct examination and hearsay statement. Among the evidentiary problems that arise from statement assistance are fundamental problems stemming from the intermediary system, evidentiary problems with statements made through statement assistance, evidentiary problems with documents containing statements made through statement assistance, and problems surrounding the establishment of authenticity of statement records and alternative evidence. Improvements to ensure the evidentiary capacity of statements made through statement assistance include the establishment of special provisions regarding the evidentiary capacity of statements made through statement assistance, the establishment of penalties for intermediary oaths and false statement assistance, thorough guarantees of the right to confrontation, and cross-examination of statement assistance.