미국 형사소송법상 인신보호영장 (a Writ of Habeas Corpus)제도에 대한 연구

Habeas corpus proceeding, functioning as institution for new trial as well as constitutional review in American law has rarely been a topic of comparative legal research in Korea. This research investigates the legal history of development of a write of habeas corpus in Anglo-American law. It dates back to Magna Carta in the early 12th century, was adopted in American Constitution and legislations, and has experienced various transformations of the characteristics and the scope of its application. With focus on the role of retrial of habeas corpus proceeding in American criminal procedure, this study investigates major legal characteristics of elements and procedure of the proceeding. Based upon the study, this research the proceeding to retrial in Korean criminal procedure. Finally, this research demonstrates that since 1970s the coverage of habeas corpus has been growing narrower than before. A ruling of the Supreme Court of Korea, which limits the retrial based on discovering new fact, is commensurate to the current status quo of habeas corpus proceeding after the enactment of Anti-terrorism Effective Death Penalty Act in American. Further in-depth research on habeas corpus proceeding in American law will provide Korean experts with helpful insight for making wise legislative and judicial policies in such areas as new trial in criminal procedure law as well as constitutional review.