감치제도의 변용 혹은 오용: 질서벌로서의 신체의 자유 제한

Confinement has been in our legal system for quite some time. Although this system had not been in application for long since the birth of it, recently this system has been actively applied, since this system has been introduced in Court Organization Act as an exceptional system. Whole legal systems must comply with the constitutional spirit (such as Constituion of the Republic Korea, Article 37). In particular, the scheme involves the redemption of the body must balance the proportion. In this Act, the confinement system in terms of appearance has become the main sanction. Recent trends in the Criminal Procedure Code amendment would reduce the redemption of the body. However, detention system with the redemption of the body is developed especially in Civil Procedure law. The court summon witnesses to court is apprehension. I think that the intention of developing the confinement system is that the court wants easier way cause apprehension is not easy in reality. But I think detention system should be ‘ultima ratio’ when other systems(e.g. departure of prohibition, witness who didn’t attend the court put on the computer network as a most wanted and so on) do not work properly and only in this case this system can be agreed. However it’s promoted widely its own territory in Act on the Regulation of Violations of Public Order. It’s criticized that this is because lawmakers and law-executors want a system that is too easy to apply.