수사절차상 적법절차보장을 위한 형사정책 수립방안에 관한 연구

Abstract

In South Korea, there has been a series of revision in procedure of public trial with great endeavor. Typically the adequacy of alternatives for the reform of criminal procedure has been assessed based on two elements; the efficiency of criminal procedure and its impartiality. But this reality in practice appears to be on the opposite side of the principal of criminal procedure that we aspire to realize. The reason why the criminal procedure that coincide with core principle of criminal lawsuit could not be embodied in reality with provisions of criminal procedural laws alone is that the existing criminal policies has been assess only by ideological concepts such as efficiency or due process. Yet the reality in practice clearly shows that the principles and doctrines of criminal procedure cannot be realized with these provisions alone. In this study the impartiality, the efficiency, and the efficacy that the investigators perceive toward various policies to promote impartiality in their procedures has been analyzed. According to the result, these ideologies lies in these policies have not applied in practice in reality. For our criminal procedure to soundly embody the criminal procedure that endows the public trial a great deal of importance, the realization of transparent investigation process which can be regulated by outside intervention needs to precede. This study intends to verify that other than efficiency and impartiality, the ‘possibility of realization’ is needed in order for the legislation and the legal institution to achieve its core purpose. As having been stressed in this study, it is necessary to assess the ‘possibility of realization’ of the policies and to convert them into the policies that can actually be used in practice. We expect a further study on how to find alternative policies for policies with low realization.