각 체포의 목적·본질과 요건에 관한 실무적 고찰

Up to now korean criminal procedure law prescribed restriction and arrest of a flagrant delictor, but did not prescribed arrest generally. With the amendment of criminal procedure law in 1995. The system of arrest was introduced in separate item with restriction. A warrant arrest was prescribed as a general form of arrest newly and the emergency restriction in the pre-amendment was changed in to the emergency arrest. So three shape of arrest was possessed. Each arrest have the common feature in restraint for a short period, but their purposes are very different each other, so there are many differents in the requisites and procedures. But the common purpose of all arrest is urgent advence of investigation through the restraint, because of this, arrest is distinguished from restriction which keep up for long time to prepare for investigation and court procedure. I think that many persons have insisted the arrest’s requisites individually without the systematic consideration to the purposes and essences of each arrests this while. So only one of the prevention of infringement of human right or the efficiency of investigation was overemphasized on the insist of the arrest’s requisites. Through this paper, I have tried to exmine the purposes and essences of each arrests and analyze the requisites adapt to the purposes and essences. Sometimes my opinion conflict with the general opinion, what is more, I have found that provisions of law or rule are not in harmony with the purposes and essences of each arrests. Hereafter, I think, more agony about the purposes and essences of arrests will be needed, an examination about arrest’s requisite must be established in the direction which lead to reasonable and systematic conclusion ine harmony with purpose and essence of arrest.