재정신청사건의 기록 열람ㆍ등사 제한규정(제262조의2)에 대한 비판적 고찰

• 영문명: A Critical Review of Restriction on Inspection and Copying of Case Record of Petition for Adjudication(CRIMINAL PROCEDURE ACT Article 262-2)
• 발행기관: 한국형사법학회
• 저자명: 김봉수(Kim, Bong-Su)
• 간행물 정보: 『형사법연구』형사법연구 제25권 제1호, 321~343쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.03.31

영문 초록

In Article 262-2 of the Criminal Procedure Act, it is enacted that "No one may be allowed to inspect or copy the documents and evidential materials relating to a case of petition for adjudication while the case is examined: Provided, That the court may permit a party to inspect or copy all or part of documents prepared in the proceedings of examination of evidence under the latter sentence of Article 262 (2)". The purpose of legislation of Article 262-2 is ①to protect investigation secrets and ②to prevent an overissue of Petition for Adjudication. However, in terms of legal character of criminal procedure, the nature of Petition for Adjudication must be viewed as judicial process. Therefore, to the first legislative intent, it is not reasonable to restrict inspection and copying of case record of Petition for Adjudication. On the one hand, Article 262-3 (1) provides that "The court may, when it renders a ruling under Article 262 (2) 1 or the withdrawal under Article 264 (2) occurs, require the petitioner for adjudication to bear all or part of the express incurred in the proceedings for the petition by ist decision". Thus, given the relationship between purpose and means, restricting on inspection and copying of case record to prevent an overissue of Petition for Adjudication didn't seem to be appropriate. Because, from the point of constitutional view, the inspection and copying of case record is one of the important rights in criminal proceedings with reference to the petitioner's right to know.

목차

Ⅰ. 서설 - 용산화재사건을 통해서 본 형사소송법적 쟁점들

Ⅱ. 형사소송법 제262조의2에 대한 체계적 이해

Ⅲ. 형사소송법 제262조의2 입법취지에 대한 비판적 고찰

Ⅳ. 결론

참고문헌

Abstract

키워드

재정신청 기록열람 · 등사권 알권리 형사소송법 제262조의2 수사상 비밀보호 수사기록 Petition for Adjudication inspection and copying of case record right to know CRIMINAL PROCEDURE ACT Article 262-2 protection of investigation secrets record of investigation