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자료유형
학술저널
저자정보
저널정보
미국헌법학회 미국헌법연구 미국헌법연구 제16권 제2호
발행연도
2005.9
수록면
41 - 75 (35page)

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This paper's original assignment is to talk about reform trends of the criminal procedure in South Korea. This paper starts with a comment on the characteristic features underway: South Korea's transition to globalization and constitutional guarantee of human rights. In other words, current reform trends and predictions about the course of development of todey's South Korea, in the field of criminal procedure, can illustrate the movement from "Confucianization" to "globalization," and the movement from "rule of bureaucracy" to "rule of law." This reminds one immediately of analysis. The paper begins by my understanding of some characteristic features of South Korean law and its philosophical, socio-cultural backgrounds. The main focus of author's personal diagnosis is centered on the pre-trial process and jury trials, because both the rights of criminal suspects and defendants and public trust in criminal justice have always been at the core of reform discussions over the past several years. Needless to say, author's above overview is not to suggest that the ideal model for criminal procedure in a country and those in other regions are the same. Law is always a creature of time and place, and no two times and no two places are ever the same. But whatever the differences between South Korea and other reform trends may be, they are matters of degree only. However, when the fact that "matters of degree" basically result from legal culture being taken into account. one cannot expect every country's sweeping transition of criminal procedure to conform to "globalization and rule of law" under unilateral standards or rationales. Moreover, it should not be surprising that we need a "comparative criminal procedure." Another point that merits mentioning here is that no one will maintain that the practice of criminal procedure in many parts of the world reflects even inadequately upon the efforts of so many decades. However, it is precisely the pains taken to establish and develop detailed standards that, in the course of time, give concrete form to the overall human rights concept in the light of a specific living context and, in this way, set standards for assessing the practice of states. The fact that there is a widely felt need for this is reflected precisely in such efforts from the point of constitutional law.

목차

Ⅰ. Prerequisites to Understanding South Korean Law
Ⅱ. Background and Motives for Criminal Procedure Reform in South Korea
Ⅲ. South Korean JSRC Recommendation on Criminal Justice Reform
Ⅳ. Reform Bill on Criminal Procedure Act by the Ministry of Justice
Ⅴ. Conclusion: My Diagnosis on Reform Trends in South Korea
[Abstract]

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