무죄추정원칙의 의미와 적용 범위

Abstract

Since the Coffin decision, the presumption of innocence has been considered undoubted law and axiomatic. Our Constitution and Criminal Procedure Law also stipulate that “the accused is presumed innocent until a guilty verdict is confirmed.”. Accordingly, the presumption of innocence is universal and is applied to all suspects and defendants, and is interpreted to be recognized regardless of circumstances such as the person's social status, the degree of suspicion based on evidence, and previous criminal convictions. This thesis examines the process of establishment and change of the principle of presumption of innocence, with a critical mind on whether the above interpretation is correct. The principle of presumption of innocence has existed in the form of laws from Roman law to medieval Europe and common law in England, but was not established as a systematic theory. Even in England, it was not until the middle of the 18th century that the principle of presumption of innocence was expressed explicitly in general treatises and encyclopedias. There has also been a long debate about what the presumption of innocence means. In this way, it is difficult to see that the principle of presumption of innocence naturally exists as a law without being based on statutes, and its meaning is unclear and not self-evident at all. The Constitutional Court and the Supreme Court view the principle of presumption of innocence as “a guiding principle that governs the entire process of criminal procedures, from the investigation process to the trial stage” and the academia generally agree with it. However, the presumption of innocence until proven guilty cannot be a legal principle that can be applied in reality. If we follow the principle that everyone is presumed innocent until a verdict of guilt is confirmed, it leads to an unreasonable logical conclusion that we cannot investigate or file charges against a person who is presumed innocent and is recognized as innocent. It also makes it impossible to arrest or detain an innocent person. This is because arresting and detaining innocent people who have not committed crimes cannot be justified for any reason, and violating their personal freedom by arresting and detaining them is a serious violation of human rights. The principle of presumption of innocence is difficult to operate in the current criminal procedure, except for the burden of proof. This is because the principle of presuming innocence until proven guilty is an extreme method to protect the suspect and the accused, so our criminal procedure cannot accept it. Therefore, it should be understood that the principle of presumption of innocence has a declarative meaning that a person under suspicion of a crime should not be treated as a criminal until there is a final judgment of guilt.