형사소송법상 재심의 특별사유에 관한 연구

A study on the Special reason for Retrial in Criminal procedure This study has investigated the special reason for retrial in criminal procedure. Retrial in criminal procedure of our country has not played a role as a system of the human right security for the relief of misjudgement, because natures of new regulation and obvious evidence are interpreted strictly from aspects of authoritarian and the retrials are permitted in only exceptional cases. Thus, a program for retrial systems should be extended as follows; 1. A new evidence should be revalued in comprehensive aspects. 2. It should admit the new regulation for the undiscovered evidence and non-submitted evidence as well as unwritten evidence and formal defective evidence that were dismissed in application for retrial. 3. It should evaluate the obviousness nature of evidence from comprehensive aspects in combination with a pre-existing evidence and a new evidence. 4. It should admit the retrial in case of judgement dismissing public prosecution because this case is favorable to the accused compared with guilt. 5. The supreme court does not admit the new discover in case that an earlier statement is reversed by the co-defendant after a judgement for a conviction. However, it should admit it in case that the statement is favorable to the co-defendant. 6. It should admit the retrial in case that a judicial officer does not judge the accused asserting a plea of “not guilty”. 7. It should also admit the retrial in case of a conflict of legal judgment of value. Otherwise, interpretation for guilt in Article 420 Paragraph 5 of criminal procedure law should not be limited in a criminal trial, but it should be extended to a civil trial or an administrative litigation.