구속영장 기각실태에 관한 연구

Abstract

Recently, in S. Korea, though the frequency of a arrest-warrant request for criminal cases has been continuously decreased, the rate of courts'rejection of the warrant has been rather increased. As a result, the proportion of arrest for criminal cases has been rapidly decreased. Arrest can be justified when social benefit through arresting criminals is bigger than an individual benefit violated. The decision of arrest should be done carefully and criminal investigation and trials also, if possible, should be proceeded in one's own custody. Meanwhile, the nation should protect people's life and property. Therefore, if needed, it is also important to protect the society from dangerous suspects' additional crimes by arresting them. In this respect, it is very important to discuss devices to improve the present arrest system by examining the realities. As the rejection rate of the warrant has been increased, there have happened some conflicts between the public prosecutors and courts in relation to the criteria of warrant issuing. Therefore, establishing the criteria of arrest will increase for criminal justice agencies the ability to forecast their works related to arrest, and decrease the waste of their time and energy by preventing unnecessary warrant requests, and contribute to the protection of human rights.