개정 형사소송법 논의과정의 쟁점과 방향

Abstract

Recently, the National Assemly has reformed the criminal procedure. In the course of the discussion for the amendment, the extremist groups which consisted of several judges, lawyers and professors, who lead the Judicial Reform Committee and Presidential Committee for Judicial Reform, placed emphasis on strengthening the protection of the right of the accused for defending and tried to restrict the right of the investigative authorities as much as possible. So they insisted extremely that the admissibility of the pretrial statements in front of investigative authorities be denied, indiscriminately whether the statements of the accused or those of the witness. On the other hand, they proposed the enlargement of the authority of the court. Againist the extremeists, Ministry of Justice and Prosecutors’ Office insisted the direction for the balancing between the protection of the accused and the finding the crime and the direction for the transparency of the criminal procedure. In the course of the examining the draft, the Assembly placed emphasis on the transparency. Therefore the reformed criminal procedure has consistent policy for strengthening the transparency. For example, introducing several system for making the investigation transparent, enlarging the prosecution compelling system for making the decision of prosecutor transparent, strengthening the trial priority principle for making the trial transparent and introducing sentencing guideline for making the sentencing decision of the judge transparent. It is appropriate for the Assembly to regard the transparency as most important point. In the future, a great deal of effort is required to realize this policy of transparency and it is necessary to prepare the personal and material resources for practice.