참고인 강제구인제도에 대한 비판적 고찰

Abstract

If the coercive summon of a witness by the investigative organ were allowed in criminal procedure, the compulsive investigative method would become a principle rule, and an infringement of basic rights of a witness would increase given the coercive investigation practice. Besides, investigation practice which depends on a statement(statement protocol) of a witness would go on, and consequently the open court principle in the criminal trial would be undermined. Because until now suspects are directly interrogated in most cases, which are followed by a statement protocol, the coercive summon of a witness would give a great benefit to the investigative organ, whereas the position of defendants would become more inferior. Taking these risks into account, the attempt by the Justice Department to introduce the coercive summon of a witness by the investigative organ should be interrupted. With more time, an intensive debate on this subject should be held.