경미범죄의 효율적 처리방안 - 일본의 경미범죄 처리제도의 비교법적 시사점을 중심으로-

• 영문명: A Efficient Disposition of Minor Offenses －focusing on comparative study of the disposition of minor offenses in Japan－
• 발행기관: 한국형사정책학회
• 저자명: 이동희(LeeDonghee)
• 간행물 정보: 『형사정책』형사정책 제15권 제2호, 369~384쪽, 전체 16쪽
• 주제분류: 사회과학 > 정책학
• 파일형태: PDF
• 발행일자: 2003.12.01

영문 초록

The art of selection and concentration is the key to the efficient disposition of minor offenses. In other words, every aspect of criminal procedure should work as a filter dealing with a case effectively through investigation, prosecution and trials. Besides this approach is the shortest way to improve the practice of trials that is considered an empty shell and to bring all the energies to cases that need in-depth inquiries. From this point of view the disposition system of minor offenses in Japan is very suggestive. First, establishing courts that are responsible for cases with a certain extent of sentenced penalty or under is expected to allow local courts to reserve the resources to concentrate on other cases, which is the case with summary courts in Japan. This system also contributes to the specialization of courts by subdividing the jurisdictions and to the cooperation among investigative bodies, the prosecution and courts by organizing them on a small local scale. Second, introducing Bizaishyobun system, the disposition procedure for insignificant minor offenses at the stage of investigation, should be considered in a positive manner. By bestowing the statutory power to the police, the minor offenses can be filtered out at the very beginning stage of criminal procedure and the offender without being branded as a criminal can have a better chance to return to society. Moreover, by providing the extent of police power specifically as a statute, police power can be controlled properly as well. It has been claimed that Jeukgyulsimpan system, the summary trial procedure in Korea, should be abolished. However, we cannot overlook the concern that the procedure being abolished the burden of the judicial police in sending cases to the prosecution will be excessive. The current summary trial procedure in Korea is the fruit of reform efforts in terms of human rights protection as the final disposition in the procedure is under the direct responsibility of the judiciary and judgement by default has been a principle in the procedure. Therefore, a bicameral system in which a summary trial is preserved for insignificant minor offenses and a separate procedure is used for minor offenses with a certain extent of sentenced penalty or under can be an advisable resolution.

목차

1. 머리말

2. 일본의 형사사건 신속처리절차의 개요

3. 간이재판소제도

4. 수사단계에 있어서의 미죄처분 및 제도도입의 유효성

5. 즉결심판폐지론에 대한 검토

ABSTRAC