즉결심판의 청구 대상에 관한 연구

Abstract

The purpose of summary judgement proceeding is to deal with misdemeanors including petty offenses in quickly and efficiently. Though, summary judgement proceeding have many benefits such as speedy termination of trial, prompt releasing defendants from criminal procedure and reduction of unnecessary expenses, it has been criticized based on the facts that inadequate protection of defendants rights and abusive application of it. One of the most controversial issues in summary judgement is the scope of objection of it. The aim of this study is to clarify this issue as follow :First, there are different opinions whether quasi- minor offense such as minor theft cases be allowed to be handled by summary judgement proceeding. If those crimes were managed by formal trial instead of summary proceeding, the defendants and their family should face many problems including unnecessary delay. To avoid unreasonable burden of them, it is necessary for quasi -minor cases to be handled by summary judgement proceeding. Second, It is also uncertain whether summary judgements proceeding can be permitted in minor juvenile cases. It is very important for juveniles offenders to return to the society quickly because delaying procedures and stigma effects can be caused other crimes. So, summary judgement proceeding should be used in juvenile cases in properly based on the definite rule. Third, there is no clear rule whether accuser's complaint cases can be dealt with summary judgements proceeding. Even though, there are several sections to protect the rights of accuser in criminal procedure, Summary judgement proceeding should be exercised exceptionally in accuser's complaint cases. Above all, National Police Agency should make clear rules related to the object of summary judgement to operate the summary judgement proceeding fairly.