한국의 피의자신문절차와 그 개혁

Abstract

Each country, for preventing human-lights violation, establishes legal regulation system in interrogation. In Korea, it is no exception to this rule. The Constitution of Korea pronounces basic rules concerned with protecting human-lights at interrogation procedure. The Criminal Procedure Law adopts the rules of the Constitution, and impose many kinds of legal controls on interrogation. The purpose of this article is, at the Korea-China Criminal Law Symposium (Nov. 27～28th, 2009), to introduce the legal process of interrogation in Korea and the reality of interrogation performed by investigation authorities, in addition to what is the outcome of the Justice Reform about interrogation at the amendment of criminal procedure law in 2007, and how to impose legal controls on interrogation in Korea. For this purpose, the contents of this article is as follows. At first, the first chapter is introduction. The second chapter describes the legal regulation system of interrogation in Korea. The third chapter describes the process of interrogation and its realities. The fourth chapter descrimbes the outcome of the Justice Reform performed in 2007. At the last chapter, I arranged a personal opinion about the development method on interrogation in the future.