[논문] 제정형사소송법의 성립경위

• 영문명: An Establishment Process of Korean Criminal Procedure Act in 1954
• 발행기관: 한국형사법학회
• 저자명: 신동운(Shin Dong-Woon)
• 간행물 정보: 『형사법연구』형사법연구 제22권, 159~221쪽, 전체 63쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.02.02

영문 초록

This article is written to review the establishment process of Korean Criminal Procedure Act in commemoration of its 50th anniversary. The establishment movement of Korean Criminal Procedure Act started during the occupation by U.S. forces and continued until the end of Korean War. Since many of relevant historical records are destroyed during the Korean War, this article was written based on the materials still preserved by Congress and relevant records on 1940-50's which were re-discovered by the author. The whole establishment process of Korean Criminal Procedure Act is narrated in chronological order. The contents of this article consist of following four parts: (1) The first draft of Korean Criminal Procedure Act by the Code Establishment Committee (2) Revision process by Committee for Legislation and Judicial Matters of Congress (3) Public hearing by Congress (4) Veto by Government and Re-affirmation Process by Congress (5) Promulgation of Korean Criminal Procedure Act and its Effectuation. It has been proven that Korean Criminal Procedure Act, which was established 50 years ago, was an exemplary legislation protecting Democracy and Human Rights. The author emphasizes that the founding spirit of Korean Criminal Procedure Act should be succeeded to the current reforming process of Korean Criminal Procedure Act.

목차

Ⅰ. 서론

Ⅱ. 형사소송법안의 성립과정

Ⅲ. 형사소송법안 심의의 준비과정

Ⅳ. 국회 본회의 심의

Ⅴ. 대통령의 거부권행사와 재의결

Ⅵ. 형사소송법 공포와 발효시점

Ⅶ. 결론

Abstract