사법개혁추진과 형사증거법의 개정

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...