제1회 공판기일 전 증인신문제도에 대한 실무적 고찰 - 특히 증거보전제도와 비교하여 -

Abstract

Article 221-2 in the Korean Criminal Procedure Code has prescribed examinationof the witness before first trial court. Examination of the witness was imposed in1973. In 1996. the Korean Constitutional Court delivered a decision that examinationof the witness for concern of change of the witness and restriction of the presenceright of suspect. In 2007. according to the decision, Criminal Procedure Code wasreformed partly, and remains the case in today. Although the constitutional decisionand reforming, there still remains some problems, for example, the concern ofstatement change could not be a cause of the examination of witness or preservationof evidence. In this article, I explained the essential difference between the examination ofthe witness and reservation of evidence, and the concern of statement change an ethe cause of preservation of evidence, although it can not be the cause ofexamination of the witness, and the restriction of the presence right of suspect isreasonable. Furthermore, this article handled some issues such as coercive summonof witness. I think, we should cast away a prejudice that the witness examination reinforcethe power of the public prosecutor only and the power is used as a tool toinfringement of the suspect’s human rights. Also, we must know that through thecollection of accurate investigative informations from the serious crime's witness, we certainly punish criminals. and these practices make a safer and more righteoussociety. At the same time we have to find a way to minimize the side effects ofexamination of the witness as the positive viewers warn against.