Minor Sexual Assault Victims to Undergo 'Video Testimony' at Haebaragi Center

Ministry of Gender Equality and Family - Court Administration Office Promote 'Video Witness Examination Pilot Project'
Testimony via Video Relay Device Without Court Appearance
After One-Month Pilot at 8 Haebaragi Centers, Nationwide Expansion in May

[Asia Economy Reporter Han Jinju] To protect children and adolescents who have suffered sexual violence, a pilot program will be introduced allowing them to testify via video at Sunflower Centers instead of appearing in court.

On the 6th, the Ministry of Gender Equality and Family and the Court Administration announced that during trials, child and adolescent victims of sexual violence will be able to testify via video through relay devices at eight Sunflower Centers (Gyeonggi Nambu, Seoul, Incheon, Daegu, Gwangju, Gyeonggi, Chungbuk, Jeonbuk) as part of a 'Video Witness Examination Pilot Project.'

In December last year, the Constitutional Court ruled the evidence provision of Article 30, Paragraph 6 of the Act on Special Cases Concerning the Punishment of Sexual Crimes, which recognized the evidentiary ability of video testimony by child and adolescent victims, as 'unconstitutional.' In response, the Ministry of Gender Equality and Family and the Court Administration prepared follow-up measures to address the increasing number of court appearances until alternative legislation is established.

The two agencies will promote a pilot project for 'Video Witness Examination Linked with Sunflower Centers,' enabling witness examinations in child- and adolescent-friendly Sunflower Centers. Among victims under 16 years old who wish to use video witness examination, testimony can be given in a location separated and independent from the court and the defendant.

Video witness examination is a system operated under Article 40 of the Sexual Violence Punishment Act and Article 165-2 of the Criminal Procedure Act. It allows child and adolescent victims of sexual violence and child abuse victims who find it difficult to appear in court to testify via video relay devices. When receiving witness examination at a Sunflower Center, victims can testify in a stable environment, and defendants are guaranteed the right to cross-examine the victim's testimony.

The two agencies plan to conduct the pilot project for one month, analyze the status of video witness examination applications and issues, and expand it to all Sunflower Centers nationwide by May.

To ensure smooth operation of the video witness examination pilot project, the two agencies will prepare a 'Video Trial Pilot Project Guide' detailing the work procedures for practitioners, current legal systems to prevent secondary damage during the witness examination process, and distribute it to courts and pilot institutions. It will include procedures for witness support and video trial support tasks, victim counseling and psychological treatment support before and after witness examination, and the use of trusted persons and testimony assistants.

Jeong Young-ae, Minister of Gender Equality and Family, said, "I hope that video witness examination at Sunflower Centers will help minimize secondary harm to victims even a little. We will actively cooperate with related ministries to promptly establish alternative legislation that can minimize court appearances by child and adolescent victims and strengthen tailored services for them."

Kim Sang-hwan, Director of the Court Administration, stated, "We also plan to utilize measures such as using video testimony rooms within courts and conducting mobile video courts for victims who have difficulty moving. We will continue to do our best to ensure fair trials that prevent secondary harm to victims while guaranteeing the defendant's right to a proper defense in sexual crime cases."