공소제기 전 수사서류의 열람·등사권

On March 23, 2003, the Constitutional Court ruled that reading and printing rights of investigation records were to be given to lawyers for suspects in connection with review of legality of arrest but afterwards the revised code of criminal procedure stipulated merely reading right of investigation records after prosecution while reading and printing rights prior to prosecution were not legislated. In light of suit structure and ideology, it makes more reason if this matter were to be approached from perspective of German law structure in which reading and printing rights of investigation records are allowed from the initial stage of investigation based on a principle of equal party(Prinzip der Parteigleichheit), rather than in American/British structure based on adversary system and open evidence. Theoretical ground of reading and printing rights of investigation records is basic rights under the Constitution such as hearing right, claim of public information, equality, and principle of equal party, lawyer's pleading right, people's right of being assisted by lawyers under concept of law-governed state. In cases of review of legality of arrest, code of criminal procedure stipulates the rights and also in other cases, reading and printing rights of investigation records should be allowed. Evidences collected in violation of this could be illegal. In terms of legislation, reading and printing rights of investigation records prior to prosecution should be stipulated at earliest.