형사사법제도의 변천과 인권 -당사자주의의 확립-

Fortunately, we have had a great opportunity to develop a criminal processing system known as “adversarial" in our territory after having expelled the Japanese governors in 1945. Even though we did not have sufficient human resources for realizing the lawyer-centered criminal system, we tried to educate more lawyers and to let them serve for protecting the fundamental rights of the suspects and defendants. Sometimes, we have also witnessed the arriving of the non-democratic government and been deprived of the basic human rights as citizens, but I want to say that, generally, our criminal procedure has been successfully working here up to present. Furthermore, we have had a chance to cure some defects in our system in the course of the Judiciary Reform from 2003 to 2007. Citizens will participate in criminal trial as half-jurors and all the defendant will get the service from the court-appointed counsels more effectively and without paying money. However, it is really far from being satisfactory our entire criminal system. We are still admitting the dossiers prepared by the law enforcement personnel like public prosecutors or police officers as evidence, and our lawyers have to be satisfied with getting about 200 dollars for handling a case. We are not fully protecting the right to confrontation of the defendant nor that to cross-examination. That is the real feature of our “adversarial" criminal system. This paper is supposed to trace the history of the debates regarding criminal systems and to show what we have to do from now on for successfully following the commands announced by our Consitutional Founders in 1950s.