‘변호인의 조력을 받을 권리’에 관한 최신 쟁점

• 영문명: Study on The Latest Issue about ‘Right to Legal Counsel’
• 발행기관: 충북대학교 법학연구소
• 저자명: 김재중(Kim, Jae Jung) 이상한(Lee, Sang Han)
• 간행물 정보: 『법학연구』第28卷 第2號, 1~30쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.12.30

영문 초록

The main issue of this case is related to the right of interview and communication. Article 34 of the Criminal Procedure Act protects the right of both ‘the defense counsel’ and ‘the person who desires to be a defense counsel’ by stating “The defense counsel or a person who desires to be a defense counsel may have an interview with the criminal defendant or the criminal suspect who is placed under physical restraint, may deliver or receive any documents or things and may have any doctor examine and treat the criminal defendant or the criminal suspect.” But it is questionable whether the attorney who showed his/her desire to be defense counsel to declare the right of interview and communication is eligible to do so. The Supreme Court judged that it cannot be prohibited to have the right of interview and communication if there is a possibility for a person who desire to be a defense counsel to be the actual defend counsel. The next issue is discrimination between prisoners and unconvicted prisoners. A prisoner shall be subject to a number of fundamental rights as compared to general public, but such restrictions shall be made only when necessary for the purpose of detention. Recently, the Constitutional Court made a constitutional unconstitutional and unconstitutional decision on the grounds that if infringed the right to a fair trial for the restriction of the time and the number of times in accordance with the general consultation when meeting attorney at a criminal trial. The right to a fair trial is recognized as a fundamental right of prisoners in all countries of the world, and it is explicitly stipulated in the UN Covenant on Human Rights. However, the Constitutional Court considered that the right to fair trial was not infringed on civil justice in the civil trial, and the basic right of the prisoner was not recognized as the basic right of the prisoner. Therefore, the discrimination between the two is extremely unfair in that both the detainee and the prisoner art subject to the right to a fair trial. So the current legislation stipulating should be urgently amended.

목차

Ⅰ. 서론

Ⅱ. 체포현장에서 ‘변호인이 되려는 자’ 의 접견교통권

Ⅲ. 수형자의 변호인 접견권

Ⅳ. 결론

키워드

The Right to Legal Counsel The Right of Interview and Communication The Right to a Trial of a Prisoner Discrimination between Prisoners and Unconvicted Prisoners The Right to a fair trial