간이신속절차로서 즉결심판절차의 개선방안

초록

It concurs generally in opinion that a summary criminal procedure is needed to guarantee a speedy trial for minor offeses. However the current summary judgements proceedings as a typical example of summary criminal procedure contain many problems, so proper reforms should be taken. First of all, there is a controversy over whether the summary proceedings should be in maintenance or abolition, the claimer of which is the chief of the competent police station. It is desirable to introduce a summary judgement procedure, in which the prosecutor is in charge of claiming, in order to specialize and purify the roles of the police and the prosecutors, respectively, as experts in investigation and prosecution. But as a precondition, it is essential to secure human and material resources such as the county prosecutor's office and the deputy prosecutors. In order to resolve the criticism that the scope of the claiming objects is ambiguous and that it is likely to be abused, it is necessary to introduce a claiming guideline such as a sentencing guideline. It is also necessary to strengthen the procedural control mechanism through a committee with outside experts such as lawyers in order to secure the objectivity of the claims. In addition, It is possible to prevent the controversy of unconstitutionality by introducing a prior consent for proceedings. Since the principle of reinforcement of confession and the hearsay rule play an important role in preventing wrong finding of substantial truth, it is not easily to exclude its application and it is appropriate to obtain prior consent in order to exclude them. Although there are conflicting views on the validity of the imposition of the detention, it is reasonable to abolish it, because there are very few cases of its imposing and there are possibilities of abuse.

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