구속영장 기각실태에 관한 연구

• 영문명: A Study on the Realities of Rejection of a Arrest Warrant
• 발행기관: 한국형사정책학회
• 저자명: 신의기(Shin, Eui-Gi) 이민식(Lee, Min-Sik)
• 간행물 정보: 『형사정책』刑事政策 第22卷 第2號, 321~349쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.12.30

영문 초록

Recently, in S. Korea, though the frequency of a arrest-warrant request for criminal cases has been continuously decreased, the rate of courts' rejection of the warrant has been rather increased. As a result, the proportion of arrest for criminal cases has been rapidly decreased. Arrest can be justified when social benefit through arresting criminals is bigger than an individual benefit violated. The decision of arrest should be done carefully and criminal investigation and trials also, if possible, should be proceeded in one's own custody. Meanwhile, the nation should protect people's life and property. Therefore, if needed, it is also important to protect the society from dangerous suspects' additional crimes by arresting them. In this respect, it is very important to discuss devices to improve the present arrest system by examining the realities. As the rejection rate of the warrant has been increased, there have happened some conflicts between the public prosecutors and courts in relation to the criteria of warrant issuing. Therefore, establishing the criteria of arrest will increase for criminal justice agencies the ability to forecast their works related to arrest, and decrease the waste of their time and energy by preventing unnecessary warrant requests, and contribute to the protection of human rights.

목차

Ⅰ. 여는 글

Ⅱ. 구속의 의의와 기준

Ⅲ. 구속영장 청구 및 기각실태

Ⅳ. 검찰과 법원의 구속기준

Ⅴ. 구속기준 정립방안

Ⅵ. 맺는 글

키워드

구속기준 구속영장 불구속재판 도망의 염려 증거인멸의 염려 Standard of Detention Arrest Warrant Trial Without Detention Fear of Destroying Evidence Fear of Getaway