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논문 기본 정보
- 자료유형
- 연구보고서
- 저자정보
- 발행연도
- 2004.12
- 수록면
- 268 - 365 (98page)
이용수
초록· 키워드
오류제보하기
The legal service for the people helped the people restore rights and protected them from infringement of the rights by legal procedures when the people suffered from infringement of the rights being guaranteed by the Constitution of the Republic of Korea or were likely to suffer from the infringement of the rights. Therefore, the legal services were said to have much wide scope. The paper examined problems and improvement of both the court appointed attorney system and the legal aid system.
Both the Constitution and the Criminal Procedure Act regulated the right to counsel as the people's basic rights to adopt the court appointed attorney system to guarantee the basic rights. Current court appointed attorney system, however, could not guarantee the right to counsel that was guaranteed by the Constitution because of too much narrow scope of the case requiring counsel from quantitative point of view, and it did not pay actual reward of the court appointed attorney from qualitative point of view to give low quality counsel than private counsel did. Therefore, the court appointed attorney system required improvement.
The court appointed attorney system could be improved in following ways: 1) quantitative expansion of the attorney, 2) qualitative improvement of the attorney, 3) the increase of court appointed attorney system related budget. In other words, the court appointed attorney aimed to increase the number of the attorney and give better quality counsel service, so that it might reduce actual difference with private counsel.
The legal aid aimed to let the Government give the one in need of legal aid various kinds of legal services, for instance, legal counsel, documentation, negotiation and other trial related services, so that it could alleviate economic burden at legal service market. In other words, the Government should give legal service actively by itself to the one who could not make use of the service because of economic reasons, so that it might realize justice and assure of procedural justice.
The legal aid could be supplied by non-governmental organizations, the Korea Legal Aid Corporation based on the Legal Aid Act, the procedure from §128 to §133 of the Civil Procedure Act, §84 of the Attorney-at-Law Act, and the court appointed attorney system of §70 of the Constitutional Court Act, etc.
Various kinds of civil and criminal legal aid system required an integrated management under the Korea Legal Aid Corporation, that is, a governmental organization. Some researchers asserted introduction of American style public defender to do criminal case aid. The author that the public defender would be valuable to overcome problems of current court appointed attorney system.
Both the Constitution and the Criminal Procedure Act regulated the right to counsel as the people's basic rights to adopt the court appointed attorney system to guarantee the basic rights. Current court appointed attorney system, however, could not guarantee the right to counsel that was guaranteed by the Constitution because of too much narrow scope of the case requiring counsel from quantitative point of view, and it did not pay actual reward of the court appointed attorney from qualitative point of view to give low quality counsel than private counsel did. Therefore, the court appointed attorney system required improvement.
The court appointed attorney system could be improved in following ways: 1) quantitative expansion of the attorney, 2) qualitative improvement of the attorney, 3) the increase of court appointed attorney system related budget. In other words, the court appointed attorney aimed to increase the number of the attorney and give better quality counsel service, so that it might reduce actual difference with private counsel.
The legal aid aimed to let the Government give the one in need of legal aid various kinds of legal services, for instance, legal counsel, documentation, negotiation and other trial related services, so that it could alleviate economic burden at legal service market. In other words, the Government should give legal service actively by itself to the one who could not make use of the service because of economic reasons, so that it might realize justice and assure of procedural justice.
The legal aid could be supplied by non-governmental organizations, the Korea Legal Aid Corporation based on the Legal Aid Act, the procedure from §128 to §133 of the Civil Procedure Act, §84 of the Attorney-at-Law Act, and the court appointed attorney system of §70 of the Constitutional Court Act, etc.
Various kinds of civil and criminal legal aid system required an integrated management under the Korea Legal Aid Corporation, that is, a governmental organization. Some researchers asserted introduction of American style public defender to do criminal case aid. The author that the public defender would be valuable to overcome problems of current court appointed attorney system.
목차
국문요약
제1장 序論
제2장 國選辯護人制度
제3장 法律救助制度
제4장 결론
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UCI(KEPA) : I410-ECN-0101-2012-364-003838424