조서 작성 방식의 개선방안에 대한 연구 - 문답식 조서를 중심으로 -

Abstract

The question-answer format proces-verbal was not adopted as a result of intense review of its advantages and disadvantages ; but was institutionalized since 1960s based on general practice developed over a long period from Joseon Dynasty and through Korean Empire era and the Japanese colonial period. The question-answer format proces-verbal enables readers to understand the truth clarification process through interrogation and response between the investigator and a criminal suspect, and is also efficient in finding the facts. However, controversy about credibility of the question-answer format proces-verbal may be raised as statements by a criminal suspect may be recorded in distorted way. The question-answer format proces-verbal is also irrational due to excessive burden of proces-verbal formation, if all proces-verbal are to be prepared in such format in every criminal cases. Given that there are not sufficient evidential means with advantages that can replace the advantages of the question-answer format proces-verbal, it is necessary to devise ways to remedy disadvantages and maximize benefits of the question-answer format proces-verbal ; rather than to abolish the question-answer format proces-verbal. It is adequate to diversify investigation means through utilization of either the narrative format proces-verbal or the question-answer format proces-verbal depending on circumstances ; to prevent statement distortion controversy that may be associated especially with the question-answer format proces-verbal through visual recording of the entire investigation process ; and to amend the Criminal Procedure Act to enable usage of visually recorded material as independent evidence in criminal trial. It is crucial to obtain as many objective evidences as possible through scientific means before suspect interrogation. However, suspect statements are necessary in all cases in order to put such evidences together and accurately clarify the truth. As the responsibility of proving the truth clarification lies with the prosecutor under the Korean Criminal Procedure Act which is based on continental legal system, it must be ensured that the prosecutor is able to interrogate the suspect as the last means of truth clarification and to use the proces-verbal, which is the product of such interrogation, as evidence in the trial. It should be remembered that what must be seriously deliberated in connection with the question-answer format proces-verbal is finding ways to use suspect statements as evidence reflected in proces-verbal genuinely and not distorted by the investigator ; rather than blocking usage of the question-answer format proces-verbal as evidence with ease.