헌법재판소의 결정이 수사절차에 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. In this article, I will study on the decisions of the Constitutional Court about the criminal procedure, especially criminal investigation(except for the right to assistance of counsel). 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 detention system of a suspect 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 means and the detention system for guaranteeing the defending right of the suspect in interrogation. Such transformation undeniably has been supported by the Constitutional Court for securing human right so far. The conclusion of the Constitutional Court as to the questioning or detention of the suspect, as one of the most important investigation method, has put the assurance of the due process of law and the human right in the first place rather than the ease of the investigation in the investigative procedure. In this paper I will analyze about the conclusions of the Constitutional Court of the investigative procedure so far and then study how the law and the system have been transformed around the investigative procedure