Statement
Overview
A statement (진술) refers to the act and content of a person expressing, in speech or writing, facts they have directly experienced or perceived, or their opinions or position, in legal proceedings. Across criminal, civil, and administrative proceedings, statements are the most basic material for clarifying the facts of a case; in criminal proceedings in particular, statements by suspects and defendants, testimony by witnesses, and statements by victims form the core of evidence. A statement can itself be evidence proving a fact, but its credibility varies according to the speaker's memory distortion, interests, external pressure, and other factors, so courts strictly examine the admissibility and credibility of statements.
Main Content
Concept and Legal Nature of Statements
Statements are largely divided into the 'act of statement' and the 'content of statement.' The act of statement is the process by which a person expresses intent in speech or writing, and the content of statement refers to the factual information formed in that process. Legally, a statement is one method of proof, and statements made in writing are documented in various forms, such as records of statement, written statements, and petitions. Statements combine with 'witnesses' or 'parties,' who are the sources of evidence, to constitute the evidence law system.
Types of Statements
- Suspect/defendant statement: A statement in which a suspect or defendant discloses their conduct or position to an investigative agency or in court. It is divided into self-incriminating statements (confessions) and defensive statements; under the Criminal Procedure Act, the voluntariness of a confession and corroborating evidence are at issue.
- Witness statement (testimony): A third party's statement in court of facts they observed or experienced. It presupposes an oath, and perjury is punishable.
- Victim statement: A crime victim's statement of the damage and circumstances, which becomes important evidence in cases such as sexual violence and child abuse.
- Expert statement: A statement of opinion by an expert based on specialized knowledge.
- Party statement: In civil litigation, a statement by a plaintiff or defendant in court asserting their claims, distinct from oral argument.
Admissibility and Credibility
For a statement to be used as evidence, its 'admissibility' must first be recognized. Admissibility means the qualification to be used as evidence upon satisfying the requirements set by law; statements collected unlawfully, confessions lacking voluntariness, and statements obtained without notice of the right to refuse to make statements may be denied admissibility. Once admissibility is recognized, 'credibility' is then examined. Credibility means the degree to which the statement is likely to correspond to the facts, and the accuracy of the speaker's memory, consistency of the statement, interests, circumstances under which the statement was made, and consistency with other evidence are considered comprehensively.
Criteria for Judging the Reliability of Statements
When assessing the reliability of a statement, courts consider the following factors: first, the speaker's cognitive ability and memory; second, the consistency and specificity of the statement; third, the speaker's interests or bias; fourth, the circumstances and environment in which the statement was made; fifth, whether it matches other evidence; and sixth, the pattern of changes in the statement and the reasons for them. In sexual violence cases in particular, disputes over the credibility of victim statements frequently arise, and the Supreme Court has held that it must comprehensively determine whether the victim's statement is logically consistent and consistent with empirical rules.
Records of Statement and Written Statements
A document prepared by an investigative agency after examining a suspect or reference person is called a record of statement, and a document written directly by the statement maker is called a written statement. In principle, a record of statement is admissible only when its maker testifies in the courtroom (an exception to hearsay evidence); if the defendant denies it, the prosecutor must prove its voluntariness. A written statement also requires the maker's signature or seal and authentication of its authenticity.
Right to Refuse to Make Statements
The Constitution and the Criminal Procedure Act guarantee suspects and defendants the right to refuse to make statements (right to remain silent). Investigative agencies must inform a suspect of the right to refuse to make statements before interrogation; statements obtained without such notice may be denied admissibility. However, the right to refuse to make statements is only the right to remain silent and does not mean a right to make false statements.
Unlawfully Collected Evidence and Statements
Statements collected in violation of due process are, in principle, inadmissible. Representative issues include confessions lacking voluntariness, interrogations without notice of the right to refuse to make statements, and statements obtained through undue pressure or inducement. Article 309 of the Criminal Procedure Act denies the admissibility of confessions caused by coercion, threats, or prolonged interrogation, and the exclusionary rule for unlawfully collected evidence applies.
Recent Trends
In 2024–2025, discussions are active regarding the relationship between digital evidence and statements and the credibility of statements. First, as audio and video recording of statements during investigative examinations has become common, the admissibility and scope of use of video recordings are becoming an issue. Second, the possibility of introducing AI-based statement analysis tools is being discussed, and the need to establish legal and ethical standards is being raised. Third, specialized investigative techniques to secure the credibility of statements by vulnerable witnesses, such as children and persons with disabilities (e.g., the Nicolas method and statement analysis techniques), are increasingly being introduced. Fourth, amid the trend toward restorative justice and strengthening victims' right to statement, procedural guarantees for victim statements are being emphasized. Fifth, case law is accumulating on the scope of responsibility for statements related to false statements and defamation online.
Related Topics
- [[증거능력]]
- [[자백]]
- [[증인]]
- [[진술거부권]]
- [[위법수집증거배제법칙]]
- [[피해자 진술]]
- [[영상녹화]]