한국형사법학 60년의 회고와 전망 - 형사소송법 중 총론 및 수사를 중심으로 -

Abstract

This paper was presented at the 60th anniversary of the Korean Criminal Law Association. We look back on the past 60 years of history and tradition of the Korean Criminal Law Association and review academic and scholarship achievements to evaluate future accomplishments. This paper evaluated the impact and significance of criminal law research, legal practice and legislation by the Korean Criminal Law Association. It is the task of the democratic state to put in place an effective and practical criminal procedure, with an emphasis on the rule of law and national principles. It is the ideology and the goal of criminal lawsuit to discover the substantial truth reality of reality while enhancing efficiency and practical usefulness through prompt proceedings and while guaranteeing the rights of suspects and defendants at the same time. The Korean Criminal Law Association has been working with other legal entities to create desirable criminal procedure laws by participating in research activities, academic activities, revision work, participation in public hearings, and submission of opinions. The Korean Criminal Law Association changed the direction of the revision of the Criminal Procedure Law through member’ research activities and academic activities. Securing fairness of criminal procedure through due process, recognition of status as subject of accused person and defendant, protection of defendant and defendant's right of defense and human rights has led to a paradigm change. In the future, in order to make a desirable criminal procedure law, it is necessary to construct an amendment research committee at the institute level and constantly conduct a research and accumulate the results. Thus, when discussing the amendment of the Criminal Procedure Law in the government or the National Assembly, the opinion of the Korean Criminal Law Association as an expert group will be reflected. In the legislative process, revision researches at the Association level should be carried out regularly so that the process of listening to opinions of criminal procedure law theorist and practitioner must be compulsory. The duty of the criminal law and the principle of the criminal procedure law in the rule of law are being shaken with the emergence of the risk society, the prevention of the danger and securing the safety. The paradigm shifts from the rule of law to the preventive and safe countries. No matter how much emphasis is placed on safety and prevention, the normative basis of democratic rule of law, human dignity, fundamental rights, and rule of law basic national principles, must be protected. As the dangerous society arrives, the Korean criminal law Association is facing the challenge.