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This paper aims to promote a precise understanding and practical improvement of the testimony assistance system, which was introduced in 2013 and saw its scope of application expanded with the 2023 amendments to the Act on Special Cases Concerning the Punishment of Sexual Crimes. To this end, the paper examines the specific procedures and current practice of the UK's Registered Intermediary Scheme, which served as the primary model during the introduction of the Korean testimony assistance system. Reflecting on this comparative legal discussion, the paper concludes that the ultimate purpose of the testimony assistance system is to contribute to the discovery of substantive truth by obtaining the 'best evidence' from individuals with communication vulnerabilities who need to testify in criminal proceedings, while also alleviating the stress and burden that may arise from communication difficulties during the testimony process. To align with the purpose of this system, the paper proposes concrete measures to refine the current system and enhance the substance of the testimony assistance system. The main proposals are as follows:1) The testimony assistance system should not be limited to victims of sexual crimes but should be expanded and reorganized to support the communication and expression of all witnesses, informants, defendants, and suspects who experience difficulties in communication. 2) As the opportunity for testimony assistants to participate in the cross-examination process on behalf of the defendant has increased, measures should be taken to strengthen the fairness and neutrality of the testimony assistants to ensure the defendant's right to a fair trial. 3) To further activate the testimony assistance system and enhance its operation, the system should be actively promoted to procedural participants and the general public. The operational system should be restructured to operate the testimony assistance system systematically and integratively, reflecting the opinions of various stakeholders. 4) The education and evaluation system should be reinforced to enhance the professionalism of testimony assistants, and their compensation should be made substantive and rational.
Hong et al. (Sun,) studied this question.