Earticle

Abstract

영어

Obstruction of Justice is the whole act obstructing fair execution of law and justice by interfering unlawfully in official procedure. Currently, there is no national regulation of obstruction of justice in the US federal law, especially the regulation similar to Article 1503, the blanket clause. This paper reviewed the obstruction of justice in the US federal law and related law, and cross-checked the crime related to the regulation of obstruction of justice and then reviewed whether to introduce it.
The introduction of the US obstruction of justice is indispensable for the security of substantive truth ensuring the human rights of the party interested in criminal law such as suspects, references. Accordingly, the provisions regulating false statement against references rather than defendants & suspects risking of conflict with the privilege of the ban on self incrimination in the constitution article 12 section 2 need to be prepared first and then widen its area gradually checking out the hereafter condition. But, as the reference is not suspect but the 3rd person, a system which secure their human lights not less than that given to the suspect or defendants should previously be considered at least.

Contents

Ⅰ. 서론
 Ⅱ. 미국의 사법방해죄
  1. 미국 연방법상의 사법방해죄
  2. 모범형법상의 사법방해죄
 Ⅲ. 우리나라와 미국의 사법방해죄의 비교검토
  1. 형법상 사법방해행위 규제 관련규정
  2. 특정범죄가중처벌 등에 관한 법률에서 사법방해행위규제 관련 규정
 Ⅳ. 사법방해죄의 도입에 관한 검토
  1. 사법방해죄도입에 관한 찬반론
  2. 검토
 Ⅴ. 결론
 참고문헌
 

Authors

• 유인창 [ Yoo, In Chang | 중부대학교 경찰행정학과 부교수 ]

Reference