비변호인과의 접견교통권 확대방안

Abstract

In investigation procedures, suspects often fail to exercise their right to defend themselves properly. At this time, the right to interview with a lawyer as well as the right to interview with a non-lawyer has very important significance to the arrested suspect, etc. Fortunately, the Korean Criminal Procedure Act and Precedents are gradually moving toward guaranteeing and expanding the right to interview traffic, but restricting the right to interview with non-attorneys is significantly limited than that of lawyers. The right to interview with a person who is not a lawyer of the arrested suspect or defendant should be guaranteed as much as possible because it is a basic constitutional right included in the right to seek human dignity, value, and happiness under Article 10 of the Constitution. In principle, if the investigative agency's investigation is not infringed, the right to interview with a non-lawyer should be limited to the minimum extent, but the reason for the restriction should be specified in the law, and the person and guardian should be notified immediately. In addition, in the case of non-lawyers who are legal non-professionals, it is more important to prevent infringement in advance so that the right to access and transportation is not violated. When restricting the right to interview with a suspect, the court's decision shall be made referring to the Defendant's case, and the restriction on interviews shall be determined by the minimum responsible police officials internally. It is necessary to guarantee the right to interview prisoners as much as possible, and in particular, the relevant regulations and systems should be improved to allow smart interviews with minors unless there is a special reason to expand interviews with non-lawyers.