헌법재판소의 결정이 형사절차상의 증거 및재판에 미친 영향 - 지난 20년간의 헌법재판소 결정례를 중심으로 -

Abstract

The Constitutional Court established at Sep. 1988 in Korea. It has made a significant contribution to the extension of the human rights during last twenty 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 procedures of trial has put the assurance of the due process of law and the human right in the first place. In this paper, I will analyze about the decisions of the Constitutional Court about the criminal procedure, especially about criminal evidence, judgement of the court and a rule of no imposition of heavier punishment. And then I will study how the law and the system have been transformed around them.