한국과 일본의 체포‧구속제도에 대한 비교연구 - 체포‧구속의 법제 및 실무운용을 중심으로 -

Abstract

The social concern with comparative law research between Korea and Japan has been growing for the last several years. Especially, as the criminal justice reform has been succeeded recently in two countries, comparative studies on criminal justice system between two countries has been brought to public attention. This article, “A comparative Study of Arrest and Detention System Between Korea and Japan” is also a kind of comparative studies on criminal procedure of the two countries. The purpose of this article is to examine the Japanese arrest and detention system of criminal procedure by comparing with Korean its. So, I would like to explore the points of difference of two countries and find the learning points gathering from comparative research. For this purpose, the contents of this article is as follows. At first, the first chapter is introduction. The second chapter describes the arrest and detention related laws and regulations of japan. The third chapter describes realities of the arrest and detention of Japan, comparing with Korean its. At the last chapter, I arranged the points of difference at the arrest and detention system. And added to this, a personal opinion about the arrest and detention system reform discussion, it occurred in the two countries, is presented.