留置場 被疑者에 대한 身體檢査

• 영문명: A body-examination of a suspect m the police detention
• 발행기관: 조선대학교 법학연구원
• 저자명: 양동실(Yang, Dong-sil)
• 간행물 정보: 『법학논총』제15권 제1호, 223~238쪽, 전체 16쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.03.30

영문 초록

The body-examination of a suspect is a kind of investigative verification targeting the body itself. Investigative verification IS compulsory punishment, so as a rule it needs the inspection-warrant which a judge issue. In this point, the body-examination of investigative organization IS different from seeking evidence in external body and clothes. According to the penalty-act law and the suspect-detention and prison-escort rule, it is prescribe to execute the body-examination and the close body-examination of a remand prisoner and a custody person before going to prison or police detention. Therefore where that is infringements of human rights against suspect in police detention or not becomes controversial problem. The penalty-act law as the legal basis about the body-examination of a suspect in police detention prescribes the close body-examination and that police detention in national police station corresponds to unconvicted prisoner room. That prescription, however, can't be regarded as one justifying the body-examination of a suspect in police detention. The suspect-detention and prison-escort rule, the National Police Agency instruction, prescribes the close body-examination of a suspect in police detention, but the body-examination of a suspect is compulsory punishment which has to be prescribed in law. Therefore the prescription in the National Police Agency instruction is the violation of the principle of legality in legal disposition, and must be reformed on a point of view of legislation. In this way, according to necessity, the last means, and the least violation principle, the body-examination must be done carefully lest the human rights of a suspect in police detention should be infringed, even though the close body-examination of a suspect in police detention is allowed.

목차

I. 序論

II. 被疑者 身體檢査의 法的 根據

III. 被疑者 身體檢査의 現賞態 및 間題點

IV. 美國의 被疑者에 대한 身體檢査

V. 被疑者에 대한 身體檢査의 許容要件

VI. 結論

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