Earticle

초록

영어

The executive power granted by law should be exercised throughout the entire process of criminal justice in accordance with the procedures and guidelines prescribed by law, and the laws governing such power shall be enacted withing the framework of the Constitution. It is true that the criminal justice system of the Republic of Korea has been used as a tool for oppressing citizens, and it has been customary in the practical operation of the system to accept investigation reports submitted by investigation agencies, including special judicial police and the Central Intelligency Agency, as they are, in determining guilt. Since the citizens' resistance in June 1987, constant efforts have been made to improve the Constitution of the Republic of Korea and its criminal justice system to substantive norms for the guarantee of human rights. In particular, the Constitutional Court established under the Constitution of 1987 have practically enforced the guarantee of fundamental human rights declared by the Constitution through its decisions on constitutional issues related to the criminal justice system, and judges and judicial officers have endeavored to realize the systems that they have learned from the United States and other advanced countries in judicial systems. As a result, the awareness that a judicial reform, as well as a political reform, was required had spread farther since 2003, discussions on the amendment of the Criminal Procedure Act had actively continued since the Act is the basis of the criminal justice system, and consequently the amendment of the Criminal Procedure Act of 2007 and an act on jury trials were passed by the National Assembly. It can be said that such improvements in the criminal justice system have contributed to the removal of public distrust in the judicial system, which citizens have experienced under the military dictatorship and authoritative rule and then in the course of overall democratization of society, and the advancement of the judicial system up to the international level. Nevertheless, in order to do away with citizens' distrust in the criminal judicial process, it is still required to make efforts to secure transparency in the criminal judicial process, change the paradigm "from criminal justice for people to criminal justice by people," and improve the system in the direction coherent with "constitutional criminal litigation."

목차

Abstracts
 I. Introduction
 II. Meaning and History of Criminal Justice System
  1. Meaning of Criminal Justice System
  2. History
  3. Improving the Criminal Justice System: Directions
 III. Ideals and Principles of Criminal Justice under the Constitution
  1. Guarantee of Liberty of Person and Criminal Justice
  2. Substantive Guarantee of Liberty of One's Person by the Constitution
  3. Procedural Guarantee of Liberty of Person under the Constitution
 IV. Judicial Reform and Improvement of Criminal Justice System
  1. Major Features of Jury System and Improvements Needed
  2. Highlights of the Revised Criminal Procedure Act 2007
 V. Conclusion : Assessment of Improvements in Korea's Criminal Procedure
 [References]

키워드

저자

• Hwan Yong, Choi [ Senior Research Fellow, Korea Legislation Research Institute ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  DONGGUK LAW REVIEW

• 간기

  반년간

• pISSN

  2287-9676

• 수록기간

  2012~2025

• 십진분류

  KDC 360 DDC 340