공판절차에 있어서 피고인의 방어권 보장 -수사기록 열람,등사권 확보를 중심으로-

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.