일본의 새로운 公判前整理節次의 內容과 示唆點

Abstract

The Contents and Suggestions of New Preparatory Procedure in Japan Roh, Myung-Sun Since 2005 Nov. 1st, Japan made a new proposal, which is a pretrial conference and operating it to accommodate the enforcement of trial system for 2009. Until now in 2006 May 31st, about 7 months, there were only 5 cases that pretrial conference were enforced in Tokyo district court, so it is not a reliable data to evaluate the merits yet. However, the activation of this new proposal will change the proper duties of process of trials. However, there are some opinions that this new proposals lose the substances f protection of due process of law, suspect, and the right of protection for defendants. Through the enforcement of pretrial conference, it will bring. 1. Compact the substitution. 2. Avoid the duplication of evidence and instrument and arrange these as one integrated evidence. 3. Search for substances of oral, and to operate the easy private law that citizens will easily know, use the visuals. 4. Through the continued intense hearings, shortening the time of hearings is demanded and for this, there needs to be efforts of court, prosecution, and the lawyers in both country Korea and Japan. Indeed, Japan’s legislation of pretrial conferences, problems through operations, and the solutions to solve the problems needs to be discussed in Korea same as Japan. These are the assignments for both countries.