형사보상법에서 명예회복제도의 의미와 개선방향

Abstract

Act on Criminal Compensation and Restoration of Impaired Reputation(the following ‘Criminal Compensation Act’) provides that the defendant of a case finalized by a verdict of 'not guilty' may request to publish the final and conclusive written verdict of the case of a verdict of not guilty to restore the reputation. This regulation has it’s own meaning since it has concrete system only for restoration of impaired reputation. Normally, it is difficult to avoid injury to a one’s honor once people get criminal trial. Even though there is no final and conclusive judgment, people forejudge the verdict as an offender. It is obvious that Criminal Compensation Act is amended for restoration of impaired reputation for such persons and reforming other’s belief. Criminal Compensation Act has purpose for recovering the relationship with other people by publication of written verdict of not-guilty, nevertheless, it’s utilization rate is remarkably low. This is because there is no supplement and revise action for reality. The low utilization rate comes from lake of advertisement of written verdict of not-guilty, effectualness of method of public announcement, and one restoration way for all cases. But it is the core that Criminal Compensation Act has reliability and the intent of a full explanation for the case of not guilty. If Prosecutors’ Office keep publishing written verdict of not-guilty to maintain the reliability, it may be difficult to raise the utilization rate and complement and progress the system. Therefore, it is desirable that the various levels of courts is enforced to promote and that Restoration of Impaired Reputaion Deliberation Committee which is independent from prosecutors handles the system. Restoration of impaired reputation deliberation committee is able to search their own restoration of impaired reputation plan themselves considering a degree of spread of the case, a degree of social relationship disability and a desired way of restoration of impaired reputation for each defendant of a case finalized by a verdict of 'not guilty'. Restoration of impaired reputation deliberation committee fulfills whole responsibility that prosecutor has restored the defendant’s social value.