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공판절차에 있어서 피고인의 방어권 보장 -수사기록 열람,등사권 확보를 중심으로-
Rethinking the Defendant`s Right to Defence in the Trial Court Proceeding

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Authors
신동운
Issue Date
2003
Publisher
서울대학교 법학연구소
Citation
법학, Vol.44 No1 pp.141-181
Keywords
검찰조서강압수사고문에 의한 수사기법조서의 증거능력
Abstract
In 2002, a suspect was tortured and killed during the investigation directed
by a public prosecutor. This incident draw my attention back to the record of
confession. The record of confession obtained by a public prosecutor plays a
crucial role in a criminal trial in Korea. In the Korean Criminal Procedure
Code, it is to have a very strong evidentiary effect, compared to the record of
confession obtained by a police officer. However, it is not institutionally
guaranteed for defendants and defense lawyers to have access to the
investigation records including the record of confession prior to a trial,
although the record is very important for the defense.
This Article starts with a review of the historical background of the
evidentiary rule regarding the record of confession in the Korean Criminal
Procedure Code. Second, it examines the courts' decisions concerning the
admissibility of the record of confession. Third, it critically scrutinizes the
principle of “written prosecution paper only” that is most often misused to
hinder access to the investigation records, and the decisions of the Korean
Constitutional Court with regard to the access of records. Finally, it suggests a
new program for ensuring the right to access of investigation records,
criticizing the theoretical trend that has uncritically accepted the foreign law.
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/9146
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 44, Number 1/4 (2003)
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