형사소송법 개정의 역사와 전망

• 영문명: History of Criminal Procedure Law and Prospect on its Future
• 발행기관: 한국형사법학회
• 저자명: 변종필(Byun Jong-Pil)
• 간행물 정보: 『형사법연구』형사법연구 제19권 제3호 (上), 61~86쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.01.20

영문 초록

  Criminal procedure law in Korea has experienced many reforms(sixteen times in all) since it had been established in 1954. Especially, it was changed in full width in the latest 16th reform. I think that criminal procedure law is the reflexion of external and inner elements. The former is composed of the elements, which affects the establishment and change of the law from outside, like as democratization in political and social area, legal consciousness of people, human resources and material conditions of a certain society in contemporary period etc.. The latter is composed of the elements, namely the ideas which are inherent in the law itself, like as protection of human rights, efficiency of investigation or criminal trial, fairness and rapidity of criminal procedure. This paper treats its object, in other words background and process of each reform in accord with this point of view. It is very difficult to say that criminal procedure law in Korea has embodied the spirit and ideas of the first legislated one up to the present. On the contrary it has walked along the rough road full of many blocks, which deprive criminal procedure of its motive power, specially human rights of the suspected and the accused, and cut ahead of the democratization of criminal trial. In the light of wild history of criminal procedure law, the recent 16th reform, which gives weight to the protection of human rights(defensive rights of the accused) under moto of the concentration on public trial, is regarded as the greatest change accomplished for the first time after the establishment of the law.
  From now on, it seems that criminal procedure law will have a different figure according to the solution of two problems. The one is how to cope with the increasing request of democratization and the conflicts among the inner ideas of the law itself, in particular between the idea of protection of rights of the accused on the one hand and that of victim on the other hand. The other is how to cope with the thought of functional efficiency, which tends to be increasing gradually in criminal justice.

목차

Ⅰ. 머리말
Ⅱ. 제정형사소송법의 탄생
Ⅲ. 형사소송법의 주요 개정과정과 그 내용
Ⅳ. 법개정의 역사를 돌아보며: 진단과 과제, 그리고 전망
〈Abstract〉

키워드

형사소송법 개정 인권보호 민주화 법내재적 이념 형사사법의 기능적 효율성 reform of criminal procedure law protection of human rights democratization