제정형사소송법의 성립경위

Abstract

This article is written to review the establishment process of Korean Criminal Procedure Act in commemoration of its 50th anniversary. The establishment movement of Korean Criminal Procedure Act started during the occupation by U.S. forces and continued until the end of Korean War. Since many of relevant historical records are destroyed during the Korean War, this article was written based on the materials still preserved by Congress and relevant records on 1940-50's which were re-discovered by the author. The whole establishment process of Korean Criminal Procedure Act is narrated in chronological order. The contents of this article consist of following four parts: (1) The first draft of Korean Criminal Procedure Act by the Code Establishment Committee (2) Revision process by Committee for Legislation and Judicial Matters of Congress (3) Public hearing by Congress (4) Veto by Government and Re-affirmation Process by Congress (5) Promulgation of Korean Criminal Procedure Act and its Effectuation. It has been proven that Korean Criminal Procedure Act, which was established 50 years ago, was an exemplary legislation protecting Democracy and Human Rights. The author emphasizes that the founding spirit of Korean Criminal Procedure Act should be succeeded to the current reforming process of Korean Criminal Procedure Act.