Earticle

초록

영어

Recent developments of the penal law in Korea could be summarized in following two mostsignificant areas: (1)improvement democratic protection of human rights; and (2)increasing civil participation in criminal justice system.
In September 23, 1954, Korea has enacted its first Criminal Procedural Law since the country has been founded in 1948. Defense rights of criminal defendants are enhanced. The right to refuse self-incriminatory testimony has been newly provided. Individual’s physical arrest system has been improved in furtherance of safeguarding human rights.
In addition to emphasis on public trial, pretrial procedures have been introduced into Korea. For the first time in its criminal justice history,
Korea is implementing jury trial based on Law Regarding Individual Participationin Criminal Trials Consisting of total seven chapters sixty articles, this law has been officially enacted in June 1, 2007.
There should be no jury trial if the defendant waives the right. Jury has power to deliver opinion on matters concerning recognition of the facts, application of law, and decision on punishment in trials involving individual participation. To qualify as a juror, one must be a citizen of the Republic
of Korea who reached the ageof20. Cases in which the applicable punishments involve death penalty, life imprisonment, or indefinite custody must be heard before 9-person jury, while all other cases must be heard before 7-personjury.
As the recent developments of information technology accelerates globalization in Korean society, individual recognition of human rights is becoming increasingly important along with individual advancement of democratic ideology.
Since the amended Criminal Procedural Law has become effective, both the doctrine of public trial and physical arrest system have been significantly improved. Reforms are evolving in Korean penal system now. It is expected that reforms in physical arrest system would lead to stronger human rights protection and civil participation in criminal justice would
result in a desirable penal system for people in Korea.

목차

一. 序言
 二.韩国刑事司法的变迁
  1. 刑事诉讼法的制定
  2. 刑事诉讼法的修订
 三.刑事诉讼法的最近修订
  1. 修订背景
  2. 主要修订内容
 四. 国民参与的刑事司法
  1. 制定‘关于国民参与刑事审判的法律’
  2. 尊重被告人的意愿和审判对象案件
  3. 陪审员制度
  4. 国民参与审判的评决
 五. 结束语
 参考文献
 Abstract

키워드

한국 한국법 한국형사법 형소소송 개정 인권보장 배심제도 공판 韩国 a criminal action amendment ensure of human rights the jury system trialprinciple 韩国法 韩国刑事法 人权保障 陪审制度 公判

저자

• 韩相敦 [ 한상돈 | 韩国亚洲大学校法学院教授，法学博士 ]

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