증거법 분야의 개정방안

Abstract

Criminal procedure law was changed in full width in 2007. A lot of parts of the reformed law are by and large satisfactory in that they contributed to the improvement of legality and transparency in investigation procedure and the guarantee of the rights of the suspects or the accused. But there are some parts which need to be amended or complimented because of their faults. Therefore, the Korean Criminal Law Association composed autonomously the committee for reforming such provisions. It discussed direction of reform and concrete regulation,and as a result put out a revised plan. The main purpose of the proposal are connected with the stress on public trial and the high guarantee of defensive rights of the suspects and the accused in criminal procedure. Its concrete contents are as follows: To compliment §308-2(about exclusionary rule), to abolish §312②, to regulate the proviso part in §313① into two parts, to change one of exception causes in §314,to delete the brackets part in §316① and to repair §318-2 for protecting the accused. In this paper I examined the proposal and its contents in critical consideration. From my point of view it seems to be very appropriate. Because the proposal is totally in harmony with the idea of emphasis on vitalization of public trial, the procedural dimension of truth-concept, the protection of defensive rights of the accused and the intent of hearsay rule.