반인권적 국가범죄의 공소시효의 정지 배제와 소급효금지의 원칙

Abstract

The Ex Post Facto Principle and Retrospective Aplication of Statutory Limitation to the State Crimes against Human RightsCho, KukRecently it was shockingly revealed that the state authorities under the authoritarian regime had tortured and even killed citizens during interrogation or hid and suported a pro-regime criminal who kiled his wife to maintain anti-comunist ideology. The governmental officials or agents who comitted the crimes are free of prosecution because a given period in the statute of limitation h a d e x p i r e d . Dominant theory in the Korean criminal procedure also maintains that extending a limitation period before a given prosecution is bared does not violate the Ex Post Facto principle, while retrospective aplication of an amended limitation period to time-barred prosecution violates the principle. Under such circumstances, major civic organizations and human rights groups have strongly argued for establishing a