북한의 예심제도

Abstract

France was the first country on earth to introduce an Investigating Judge. It began in 1522 with the creation of the position of lieutenant particular criminal in charge of pretrial proceedings. The reason for introducing the pretrial system is because of the disadvantages of the Principle of Inquisition. Some view the French pretrial system as a 'French Principle of Inquisition', but if it is judged based on whether the prosecution and the judiciary are individually separated, the French pretrial system can be said to belong to the Principle of Accusation. An important problem with the Principle of Inquisition, in which the court is in charge of the investigation, is that it is almost impossible to get out of the situation if the court makes an erroneous judgment while initiating the investigation. This is a phenomenon that occurs because of human nature not to admit that one's judgment is wrong, and it is a problem that cannot be corrected unless the Principle of Inquisition is abolished. There may be several ways to correct this, but France took the method of having a separate Investigating Judge. The fact that North Korea has a pretrial system seems quite unusual in a situation where not many countries have such a pretrial system. It is believed that North Korea's pretrial system was not directly counted in France. Rather, it is presumed that it was introduced through the Soviet Union, which imported the French pretrial system. After the liberation of Korea, the Soviet Union occupied North Korea and Kim Il-sung, who enlisted in the Soviet Army, came to power, so it is likely that there was a Soviet influence. North Korea's pretrial system is quite different from that of France. As the pretrial system was imported through the Soviet Union, it was established in a very unique form. First of all, it has different properties from the South Korean police in that an Investigating Judge cannot initiate a trial on their own, and can only start a trial with the request of an investigator, prosecutor, or court. In the sense that all procedures of the preliminary trial are conducted under the direction of the prosecutor, it can be seen as an organization that corresponds to the South Korean prosecutor's investigator. On the other hand, the Investigating Judge has the function of confirming the facts. After the trial has been concluded and the prosecution has made an indictment, the tribunal can only discuss the imposition of a penalty. If an error is found in the facts, the case can only be returned to the Investigating Judge after the trial is stopped. In this respect, North Korea's pretrial system can be said to correspond to the first stage when the trial procedure in South Korea is divided into two stages. It seems impossible to say that North Korea's pretrial system corresponds to any criminal procedure in South Korea, even if we look at various aspects. North Korea's pretrial system can be said to be a very unique system that is quite different from the French pretrial system, its origin.