형사소송에서 기피제도의 문제점과 합리적 운영방안

• 영문명: The Defect and Rational Management Plan of System of Challenge a Judge in Criminal Procedure
• 발행기관: 한국형사정책학회
• 저자명: 권순민(Kwon, Soonmin)
• 간행물 정보: 『형사정책』刑事政策 第29卷 第2號, 197~224쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.08.03

영문 초록

The system of challenge a judge is almost disappeared in our criminal procedure. If a judge falls under any of the reasons for exclusion or if there is any apprehension that a judge may render an unfair judgment, a prosecutor or the criminal defendant may challenge a judge. However, the notion of unfair judgment is so ambiguous that we can t foresee. A bigger problem is in Article 20 in Criminal Procedure Law. An application for challenge which evidently aims at delay of the proceedings or contravenes the provisions of Article 19 in Criminal Procedure Law, shall be dismissed by a ruling by the court or judge who has received such application. This is one of self-judgement about judge s decision and demolishes the system of challenge a judge of Article 18 in Criminal procedure Law. I am suggesting here that the system the judge who has been challenged dismiss has to be thrown out. The right to a fair trial and to participate will have to take precedence over a speedy trial.

목차

Ⅰ. 서론

Ⅱ. 기피제도의 의미

Ⅲ. 기피제도의 비활성화 이유와 대안

Ⅳ. 결론

키워드

The system of challenge a judge Reasons for challenge Application for challenge self-judgement The right to participate