변호인선임권과 접견교통권에 관한 비교법적 고찰 - 국제인권법의 관점에서 -

This paper provides legal comparison about the right to appoint defense counsel and the right of interview and communication with defense counsel between the current law including ‘Constitution of Republic of Korea’ and ‘Criminal Procedure Act’ and the international human rights law in current criminal proceedings. Here means the international human rights law ‘International Convenant on Civil and Political Rights’, ‘European Convention on Human Rights’ and ‘American Convention on Human Rights’. As a result, the current law is well garanteed for the right of interview and communication with defense counsel in comparison with the international human rights law. However, this paper offers some improvements in regards with the right to appoint defense counsel. For example, it is necessary to provide defense counsel assigned by court not only to the defendant but also to the suspect. It is necessary that the defense counsel is to be assigned by court without any requests of the defendant, if the defendant is unable to appoint a defense counsel because of poverty or any other reason. It is necessary to have adequate time and facilities for the preparation of defence of defendant. It is necessary to ask for a change of the defense counsel assigned by court, when the activities of the defense counsel assigned by court is not enough. Finally, this paper is composed of 4 parts. They are Introduction(Ⅰ), the right to appoint defense counsel(Ⅱ), the right of interview and communication with defense counsel(Ⅲ) and conclusion(Ⅳ).