This research studies policy on the investigation and prosecution of sexual violence against children under Korean criminal justice system.
The Act On The Protection Of Children And Juveniles From Sexual Abuse of 1998, which has recently been amended in 2010, has been enacted to prescribe special cases concerning punishment for committing sex offenses against children or juveniles and the procedures therefor, prepare procedures for relieving and assisting victimized children and juveniles, and systematically manage sex offenders against children or juveniles, thereby protecting them from sexual abuse and assisting them to become sound members of society.
For the purposes of interpreting or applying this Act, priority shall be given in considering the rights and interests of children victims, and caution shall be given in order to prevent the rights of the victims and their families from being unfairly infringed upon. Thereby, article 25 of the Act provides that each of investigation agency, court and person involved in the litigation shall pay attention not to impair the victim's character or honor or infringe upon his/her privacy in the course of investigation, examination or judgment, taking into careful consideration the age and mental state of the victim of the sex offense against child or juvenile, whether any stress disorder exists, etc. When investigating, examining or judging a victim of the sex offense against child or juvenile, each investigation agency and court shall provide the victim with an environment that enables her to make her statements in a comfortable condition and minimize the number of investigation, examination and judgment to the least required. This should be the basic principle for building more effective investigative system for prosecution of sex crimes against children.
To implement such aims, new measures have been introduced :
① Statements of a victim of a sex offense against a child or juvenile and the process of investigation shall be recorded with a recording device, such as a video recorder, and preserved. The statement of a victim contained in the images recorded in accordance with the procedures may be used as evidence when the veracity of its constitution is acknowledged by the victim or a person who is in fiduciary relationship and has sat in company with the victim on the date of preparation of a trial or on the date of a trial.
② In examining a victim of a sex offense against a child or juvenile as a witness, the court shall require a person who is in a fiduciary relationship with a victim to sit in company with the victim, if requested by the public prosecutor, victim or his/her legal representative, unless any extenuating circumstance exists, such as concern about disruption of the trial. This shall apply mutatis mutandis where an investigation is conducted against the victim.
③ A victim of a sex offense against a child or juvenile, or his/her legal representative may appoint a lawyer to protect himself/herself from any harm which may be caused during the criminal procedure and to ensure legal assistance.
Prosecutor for Child(PFC), who is exclusively responsible for the entire process of investigating and prosecuting sexual violence against children, makes systematic efforts to inflict strict punishment of sex offenders and to provide substantial aids to child victims.