현행 즉결심판제도의 활용실태와 쟁점분석을 통한 운영 개선방안

Abstract

Summary judgement procedure is the special system that evident and minor crimes are conducted through the rapid and proper procedure and that has a main goal to devise economical lawsuits by sparing unnecessary cost and time. Also, it has a important aim that frees suspects and the accused from criminal proceedings and protects their rights. However, if focused on rapid judgement and economical lawsuits, the substantial truth and the pertinence of procedures is treated relatively in insignificance, as a result, the original goal that is supposed to protect the rights of suspects and the accused can be damaged. Therefore, the perception on present summary judgement should be focused on as to the revelation of substantial truth and guarantee of proper procedures and the way of achieving rapid judgement harmoniously. The analysis of the actual condition in summary judgement from 2004 to 2013 (for 10 years) shows that the number of persons who are transmitted to summary judgement is on the increase and since 2010, it has been on the constant level and it amounts to 55,081 in 2013. And the number of persons who are transmitted to summary judgement in kinds of crimes is on the increase due to the increase of criminals who committed minor crimes and holds 63.3% of all crimes most. And the results of summary judgement shows that monetary penalty is on the constant increase and amounts to 88.2% in 2013. On the other hand, a fine for default and the sentence of detention are on the constant decrease, showing 3.9% and 0.3% each in 2013. Also, innocence and rejection of claim hold constant levels and shows 1.1% and 1.2% each in 2013. The main issues surrounding summary judgement are uncertainty of the subjects of summary judgement, exclusive indictment of prosecutors for claim, possibility of the abuse of claim, introduction of objection of the suspect and the accused, validity of exclusion of evidence rules, problems of not being present trial, abolition of custody, furthermore, abolition of summary judgement, however, the system of summary judgement has more merits, so it is necessary to keep the system as at present and to get various institutional supplementation about mentioned problems through legislation.