기소 후 피고인에 대한 피의자신문의 적법성 검토

Abstract

The Supreme court of Korea ruled that mandatory investigation after indictment was illegal because that was against principle of equality of parties, adversary system. Supreme court of Korea also ruled that protocol of witness' statement was illegal because of same reason. On the other hand, Supreme court of Korea ruled that Interrogation of a suspect who was indicted was legal as long as prosecutor gave the accused right to remain silent and right to counsel. But in light of due process of law, principle of equality of parties, adversary system under constitutional law and criminal procedure law, That decision of Supreme court of Korea is not appropriate. Furthermore, There is principle of hearsay evidence in criminal procedure law, and protocol of examination of a suspect has exceptionally admissibility of evidence in case that protocol was written in accordance with right process and way. But in terms of right process and way stipulated by criminal procedure law and administrative rule of prosecutors affair, To make protocol of examination of a suspect who was indicted is not allowed. For the above mentioned reason, Supreme court of Korea’s decision about legality of interrogation of a suspect who was indicted should be changed.