수사절차상 압수ㆍ수색제도에서의 인권보장 방안

This research studies the condition of warrant issue in Search and Seizure. Exclusionary rule requires the courts to exclude all evidence seized in the course of unconstitutional and illegal search of person and properties. As of 2007 ‘adversary system’ has been strongly preferred, criminal proceedings focusing heavily on examination of evidences submitted during the public trials. §308-2 of the Korean Criminal Procedure Code codifies the exclusionary rule, that evidence not obtained by the due process is not admissible. An improvement to the code is proposed, such that the policy regarding observer be amended so that ‘objective observers’ should be able to watch and investigate the legality of whole search and seizure procedure. The procedure regulations on search and seizure are not only simply procedural duty of search and seizure but also further important regulations of deciding the scope of search and seizure. Therefore, the presentation duty of preliminary warrant should be in principle accomplished without reference to the claim of the opponent. This Article concludes that more detailed legal regulation is necessary to protect human rights in search and seizure warrant.