형사재판의 상소와 형사보상에 관한 헌법재판소의 결정(2008-2011.6)에 대한 고찰

Abstract

In Korea, the Constitutional Court established at Sep. 1988 based on the tenth revision of the constitution of Oct. 1987. It has made a significant contribution to the extension of the human rights during last twenty-three years. Korea has been transformed from authoritarian society to democratic one since the 6.29 Declaration in 1987. In respond to this change the Criminal Procedure Act has been amended to improve the criminal judicial system and to obtain proper penalty right on the criminal procedure. Especially the June, 2007 amendment Criminal Procedure Act has achieved a significant improvement in securing the criminal procedure system for guaranteeing the defending right of the suspect and the accused as a whole. Such transformation undeniably has been supported by the Constitutional Court for securing human right so far. The conclusion of the Constitutional Court as to constitutional appeal of citizens or Court's request for ruling on the constitutionality of the regulation about criminal procedure-investigation, trial, evidence or appeal etc. has put the assurance of the due process of law and the human right in the first place. the Constitutional Court decided on the grounds of Art. 10(the right to pursue happiness), Art. 11(the right to equality) and Art. 27(the right to the right to be tried in conformity with the Act by judges qualified under the Constitution and the Act, the right to a speedy trial, the right to a public trial without delay in the absence of justifiable reasons to the contrary and the victim's right to state during the proceedings of the trial of the case involved as under the conditions prescribed by Act) etc. of the Constitution in the upper cases. In this paper, I will analyze about the decisions-from 2008 to 2011.6.-of the Constitutional Court as to the criminal procedure, especially criminal appeal and criminal compensation for the suspect and the accused. And then I will study how the law and the system have been transformed around them.