Earticle

초록

영어

This study has investigated the history and nature of the judgement to dismiss. The judgement to dismiss is a pronounce in the case without a substantial condition of lawsuit on the defendant case. This system for the judgement to dismiss is the provision to guarantee the human rights for the defendant being exempt from the criminal procedure. This system, however, was misused to control and suppress the Korean civilians during the colonial period under Japan. The application of this system is currently limited due to this reason. Thus, this system has to be studied extensively and practically to guarantee and upgrade the human rights. There are many aspects on the nature of judgement to dismiss. The theories of substantial judgement and of dividing into two equal parts, etc are not able to differentiate among the judgement of not guilty, judgement of dismissing public prosecution, judgement of incompetence and judgement to dismiss. Thus, the judgement to dismiss is proper to define a theory of formal judgment which bring to a termination of lawsuit without the substantial proceedings. The Supreme Court of Judicature in Korea and the court of justice in Japan have the system for a theory of formal judgment. The main issue is that which is the most proper theory among the theories of the formal judgment. The judgement to dismiss is more likely a formal judgment based on the theory of lack of interests in the performance of the litigation under the cases of less serious law suits which do not require the performance of the litigation or the substantial proceedings.

목차

Ⅰ. 머리말
 Ⅱ. 免訴判決의 沿革
  1. 日本의 沿革
  2. 우리나라의 沿革
 Ⅲ. 免訴判決의 本質
  1. 實體裁判說
  2. 實體關係的 形式裁判說
  3. 二分說
  4. 形式裁判說
 Ⅳ. 檢 討
 참 고 문 헌
 〈ABSTRACT〉

키워드

저자

• 이존걸 [ Lee, John-Girl | 전주대학교 사회과학대학 법․경찰행정학부 법학전공 교수, 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340