피의자 유치 및 처우의 실무와 주요 판례에 대한 검토

Abstract

In this study, the treatment of the pretrial detainee in police cells are examined by reviewing the practice and cases of the treatment of them. Though pretrial detainee are under the principle of presumption of innocence, the appropriate treatments are not given to them and there are some problem in violation of human rights, for example, excessive body searches, infringement of the rights to interview and communicate with the suspect of the defence counsel. One of the significant problem is the strip search of the newcomers in police cells. strip search has caused very hot issues among Korean society, for there were a great possibility to humiliate detainee seriously. And there are some unhappy incidents have been occurred, for example commit suicide, assault another detainee, and break jail and so on. 26)From a standpoint of police, maintenance of order and safety of inmates could be recognized more important thing than the rights of the inmates in police station. But Korean Supreme Court and Constitutional Court have made certain declaration that the rights of the pretrial detainee should be guaranteed to the highest degree. Even now regarding to the principle of legal state and the principle of due process of law, the practice and rules dealing the treatment of the pretrial detainee in police cells have many defects and problems. They should be amended through legislation regarding pretrial detain especially in police cells.