SHERP

사법개혁추진과 형사증거법의 개정
The Recent Promotion of the Judicial Reform and the Revision of the Evidence Rule for the Korean Code of Criminal Procedure

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Authors
신동운
Issue Date
2006
Publisher
서울대학교 법학연구소
Citation
법학, Vol.47 No1 pp.107-132
Keywords
증거법사법개혁검찰조서형사소성법개정Evidence RuleInterrogation Protocol by ProsecutionReform of the Code of Criminal ProcedureJudicial Reform
Abstract
Korea has been undergoing a series of Judicial Reforms since 2003. The
Presidential Committee on the Judicial Reform was established in 2005. They
have been preparing the drafts of proposed laws based on the agenda that were
proposed by the Committed on Judicial Reform. The reform in the criminal
justice system has been considered the most difficult part in the Judicial Reforms
because there is a conflict of interests among the interested parties such as the
Court, Prosecution, and Bar Association. Especially each side holds different
views on the issue of the Evidence Rule of Criminal Procedure. The issue bears
a significant importance because the Evidence Rule of Criminal Procedure is a
critical criterion in determining the conviction or acquittal of the accused.
The author has participated in the revision process of the Code of Criminal
Procedure as an executive committee member of the Presidential Committee on
Judicial Reform. As a member of a so-called “5 member small committee”, the
author was particularly involved in the negotiation and agreement of the revised
draft of Evidence Rule of Criminal Procedure. This paper is based on the
author's experience during the participation in the revision process.
The paper points out that the issue of exclusion of the interrogation protocol
made by the prosecution was the most important issue of the revision of the
Evidence Rule of Criminal Procedure. The prosecution's opposition and the
negotiation process are depicted in this paper. The main goal of the revision of...
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/9951
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 47, Number 1/4 (2006)
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