통감부시기의 형사소송구조에 관한 연구

The traditional law of Korea became extinct with the reception of the modern western law after the Gabo Reform of 1894. At that time the Korean government was eagerly tried to advance and modernize with the civilized nation and the world. After the proclaimed of the Gabo Reform, a number of new laws were promulgated and conducted. Unfortunately, Korea fell under Japanese imperialism during the Japanese Residency-General Period. This marked the beginning of Japanization of Korean law and legal system. Korea adopted 'Offizialprinzip' principle through the Japan`s criminal procedural. The 'Offizialprinzip' principle is characterized that criminal prosecution is undertaken by a state service and the court is concerned more with an enquiry to determine the innocence or guilty of the accused rather than an adjudication of which of two parties has made a case for innocence or guilt as in the adversarial tradition. However, the term and execution of 'Offizialprinzip' principle might be misleading by the Japan. Under Korean criminal procedural law this was not the case. Although the state authority was regulated in the criminal procedural code, this authority was endowed to the state prosecution and police during pre-trial investigation and the interim proceedings. Nevertheless, the forms of appeal in which court the case commenced and the type of appeal desired (the appeal on fact and law, the revision of the law, and the complaint) were admissible against first instance decisions as well as against appeal decisions.