형사재판에 대한 중계방송 제도도입의 문제점에 관한 고찰

Abstract

The article 27. ③ of the current Constitution provides “All citizens shall have the right to a speedy trial. The accused shall have the right to a public trial without delay in the absence of justifiable reasons to the contrary.” And the article 109 of the Constitution provides “Trials and decisions of the courts shall be open to the public: Provided, That when there is a danger that such trials may undermine the national security or disturb public safety and order, or be harmful to public morals, trials may be closed to the public by court decision.” These articles mean that court proceeding and judgement should be disclosed to the public. We call it ‘the Principle of Public Trial’. This principle in the criminal trial has its origins the Magna Charta(1215) in England and stems from demand of guarantee the benefit of the accused as one of the people's fundamental human rights. And this principle is interpreted as one of institutional strategies for preventing abuse and misuse of judicial powers by court in the criminal court proceeding. Nevertheless, now the trial judge forbid the broadcasting or televising of the court proceeding and ban the use camera in court, except the Act provided for special cases. But, now a days there is pressure on courts all over the land to put trials on radio and television based on ‘the right to know’ of the people. Also one of members of the National Assembly proposed a bill to permit the live or record broadcasting or televising in the criminal courtroom. In this paper, I will to examine problems associated with permission of the live or record broadcasting or televising of criminal court proceeding by TV in the courtroom.