개정 형사소송법 제316조에 대한 고찰 - 조사자 증언제도를 중심으로-

One of the important parts of the Amended Criminal Procedure Law is specifying admissibility of investigator's testimony in the law. It is included in the Amended Code of Criminal Procedure 316 which is related to hearsay statements. However, as long as this code grants permission to bring document form of police officer’s or prosecutor’s report as well as investigator's testimony to a court as evidence, there is possibility that illegal investigation will be brought into being and the defendant’s right to defend himself will be being infringed. But if the Criminal Procedure Law of South Korea allows investigative agency party to use just testimonial evidence only, no document form of police officer’s or prosecutor’s report, as the way to set forth evidence, admissibility of investigator's testimony will play a role in protecting the suspect's human rights and the defendant’s right to defend himself and enhancing investigative environment in terms of transparency, due process, and fair trial. This is not only in accord with the intensification of court initiative which was the ultimate goal of reforming the Criminal Procedure Law in 2007, but also necessary for successful operation of jury trial system.