헌법재판소 결정을 통해 본 변호인의 조력을 받을 권리의 의미

Abstract

Human beings have the right not to be restricted to another person or country against their body. The State can not impose restrictions on the human body without the law. However, the Constitution makes it possible to impose restrictions on national security, order maintenance or public welfare. Article 12 of the Constitution guarantees the right to the assistance of counsel, especially in cases where such freedom of body is restricted, especially those arrested or detained. The right to counsel is intended to guarantee the freedom of the body by guaranteeing the status of the investigation agency to the accused in the exercise of the penalty by the state. The means of ensuring equal status include freedom of communication with lawyers, access to investigative documents through lawyers, the right to travel, and the confidentiality of correspondence with counsel. The Constitutional Court has played a role in protecting and expanding the basic rights of the people for the past 30 years. Such efforts have been reflected in the expansion of the right to counsel. And the revision of rules that apply in actual defense, such as laws or subordinate rules. The Constitutional Court must continue to actively seek basic rights and to expand its application in order to fulfill its fundamental role.