향후 형사법 개정의 방향 - 형사소송법의 개정을 중심으로 -

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.