SHERP

향후 형사법 개정의 방향 - 형사소송법의 개정을 중심으로 -
Prospects of Criminal Code Revision -In Terms of Criminal Procedure Act Revision-

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Authors
신동운
Issue Date
2005
Publisher
서울대학교 법학연구소
Citation
법학, Vol.46 No1 pp.100-133
Keywords
형사소송법 제정 50주년형법전(1953년)1)형사소송법전(1954년)권위주의의 청산식민지 형사사법
Abstract
This arcticle was based on the key-note speech of “Criminal Judicial System
Revision Seminar for the Judges,” which was held at the Judicial Research and
Training Center in November, 2004. The author argued that the current problems
of Korean Criminal Judicial System had been caused by the authoritative
Japanese Criminal Judicial System during the Japanese occupation. In addition,
the author raised some issues of current Korean Criminal Judicial System and
made suggestions to solve them.
In this article, the backwardness and undemocratic malpractices of Japanese
Criminal Judicial System were explored. Efforts of Korean people to liquidate
the past after the liberation in 1945 were also analyzed. The effect of New
Japanese Criminal Procedure Act of 1948 on Korean Criminal Procedure Act and
its limitation were discussed. The revision processes after the establishment of
Korean Criminal Procedure Act were also reviewed. The author pointed out that
some problems of Korean Criminal Judicial System were caused by uncritical
imitations of Japanese Criminal Procedure Act. Finally, it has been emphasized
that the current system should be revised in a way that the lay-persons could
easily understand the process. In order to do so, the author suggested that the
whole revision of current Criminal Procedure Act is necessary with regard to the
current reform of Criminal Justice System.
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/9867
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 46, Number 1/4 (2005)
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