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논문 기본 정보
- 자료유형
- 연구보고서
- 저자정보
- 발행연도
- 2006.12
- 수록면
- 11 - 153 (144page)
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초록· 키워드
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Korea has been undergoing a major reform in criminal justice system since the Committee on Judicial Reform was formed in 2003. Of course, the reform in criminal procedure is the most important issue because the result of the reform will be directly reflected in the everyday life of people. In relation to this, it is critical to diversify the overall selection process of criminal cases.
The modern criminal justice system of Korea was established under the chaotic situation during the period of liberation from Japan and Korean war. Since the society was in grave situation and the country was struggling with extreme poverty at that time, the initial establishment of selection process of criminal cases should be considered a temporary measure rather than a well-planned one. The national income of Korea has increased astonishingly since then. Naturally the expectation of citizens has risen due to the improvement in economic status and democratization in politics.
Under these circumstances it is necessary to reorganize the current selection process of Criminal Justice System. In this context, it is important to operate appellate system efficiently by diversifying the channels to process appellate cases.
This report is purported to identify the major problems in appellate system and propose solutions. To accomplish this goal, the author takes a broad view instead of analyzing current appellate system in a microscopic manner.
First, in the chapter two, "Appellate Systems Overseas", an overview on appellate systems of America, Germany, and Japan, which influenced Korean appellate system either directly or indirectly, is provided. These three countries are thought to have played significant roles in the initial establishment of modern appellate system of Korea.
Secondly, in the chapter three, "Korean Appellate System", characteristics and issues of Korean appellate system are analyzed and solutions are proposed. It is necessary to inquire into the history of establishment of Korean appellate system of Korea. The author examines the history of establishment of appellate system by scrutinizing a series of legislations including Japanese Criminal Procedure Act, Korean Criminal Procedure Act of 1954, Reformed Korean Criminal Procedure Act of 1961, and Reformed Korean Criminal Procedure Act of 1963.
The next step is to identify the major issues in Korea appellate system and find solutions. In relation to this, the author points out the problems that are caused by centralization of appellate cases in Korean Supreme Court and proposes appellate branches at High Court's level as a solution. The system of appellate branch of High Court was initially introduced in the Reformed Korean Criminal Procedure Act of 1961 but it was eliminated in the Reformed Korean Criminal Procedure Act of 1963.
The author investigates the issues that were raised in 1961 and 1963 regarding the appellate branch of High Court and also examines the draft of an appellate branch of High Court recently proposed by Presidential Committee on Judicial Reform. The author concludes that the introduction of an appellate branch of High Court can be a potent solution to the problems of current Korean appellate system.
The modern criminal justice system of Korea was established under the chaotic situation during the period of liberation from Japan and Korean war. Since the society was in grave situation and the country was struggling with extreme poverty at that time, the initial establishment of selection process of criminal cases should be considered a temporary measure rather than a well-planned one. The national income of Korea has increased astonishingly since then. Naturally the expectation of citizens has risen due to the improvement in economic status and democratization in politics.
Under these circumstances it is necessary to reorganize the current selection process of Criminal Justice System. In this context, it is important to operate appellate system efficiently by diversifying the channels to process appellate cases.
This report is purported to identify the major problems in appellate system and propose solutions. To accomplish this goal, the author takes a broad view instead of analyzing current appellate system in a microscopic manner.
First, in the chapter two, "Appellate Systems Overseas", an overview on appellate systems of America, Germany, and Japan, which influenced Korean appellate system either directly or indirectly, is provided. These three countries are thought to have played significant roles in the initial establishment of modern appellate system of Korea.
Secondly, in the chapter three, "Korean Appellate System", characteristics and issues of Korean appellate system are analyzed and solutions are proposed. It is necessary to inquire into the history of establishment of Korean appellate system of Korea. The author examines the history of establishment of appellate system by scrutinizing a series of legislations including Japanese Criminal Procedure Act, Korean Criminal Procedure Act of 1954, Reformed Korean Criminal Procedure Act of 1961, and Reformed Korean Criminal Procedure Act of 1963.
The next step is to identify the major issues in Korea appellate system and find solutions. In relation to this, the author points out the problems that are caused by centralization of appellate cases in Korean Supreme Court and proposes appellate branches at High Court's level as a solution. The system of appellate branch of High Court was initially introduced in the Reformed Korean Criminal Procedure Act of 1961 but it was eliminated in the Reformed Korean Criminal Procedure Act of 1963.
The author investigates the issues that were raised in 1961 and 1963 regarding the appellate branch of High Court and also examines the draft of an appellate branch of High Court recently proposed by Presidential Committee on Judicial Reform. The author concludes that the introduction of an appellate branch of High Court can be a potent solution to the problems of current Korean appellate system.
목차
국문요약
제1장 서론
제2장 외국의 상소제도
제3장 한국의 상소제도
참고문헌
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UCI(KEPA) : I410-ECN-0101-2012-364-003950054