피의자신문조서의 왜곡 유형과 정도에 관한 연구 = 조서와 영상녹화물의 비교를 통한 사례연구

다국어 초록 (Multilingual Abstract)

The Extent and Types of Distortions in the Examination Record- A Comparison of Paper and Video Records -Lee, Hyoung Keun ․ Jo, Eun KyungThere has been a lot of criticism on the use of examination record in Korean criminal justice system due to its questionable validity. Since the majority of previous research on this issue was carried out from legal perspective and there is little empirical evidence to point out the problems of examination record.
In this study a new empirical method was applied to analyze the discrepancies between paper examination records and video records. The types of distortions were categorized by their influence and pattern. Three different types of influence were identified (influence on verdict, influence on sentencing, and procedural defect) and seven distortion patterns (two omissions and five commissions) were operationally defined. Ten criminal case records were coded according to the influence and pattern criteria. The results showed discrepancy ratio between the paper and the video records in the sample was approximately 80%, and there were around 4.2 distortions per page in the paper records.
Although this study is the first attempt to empirically analyze the discrepancies between paper and video records, there should be a caution before generalizing the results of this study due to its methodological limitations. Replication of this study is needed with a larger sample.