피의자 또는 피고인의 수사기록 열람･등사권에 대한 검토

Abstract

In the 2006 criminal procedure laws, Articles 266-3 and 266-4 were newly introduced, and the introduction of evidence was introduced to solve various problems related to Reading/Printing Rights of Investigation Documents of defendant legally. Although there was a great deal of significance in terms of strengthening the defense of the defendant by enhancing access to the investigation record of the defendant, there still existed a conflict between the prosecution and the defendants or the defense attorneys in a trial, An unconstitutional ruling has been issued on the dismissal. This is because there is still an unresolved part in the effectiveness of the remedies for denial of Prosecution concerning Reading/Printing Rights of Investigation Documents and the scope of the Reading/Printing Rights of Investigation Documents. In this paper, we examine the problems about the object and the timing of the Reading/Printing Rights of Investigation Documents and the remedies for the denial of Prosecution. It is obvious that the right of the defendant and the suspect to access Investigation Documents and the right to know is a fundamental constitutional right of the defendant and the suspect. Therefore it is considered reasonable to expand the time of Reading/Printing Rights of Investigation Documents. However, the scope of Reading/Printing Rights of Investigation Documents before trial should be reduced on the grounds of leakage of the investigation confidentiality, protection of the rights of the persons involved, etc. Lastly, even though the court has allowed the inspection of the investigation records and the permission of the court to investigate, if the prosecutor intentionally deny to do so, it would be regarded as a serious illegal act that infringes fundamental rights of the Constitution. Therefore more aggressive and effective sanctions concerning it such as dismissal of indictment are necessary.