경찰단계에서의 촉법소년 사건에 대한 증거확보의 문제점과 개선방안에 관한 연구

Recently serious cases caused by young perpetrators under 13 occurring in a row, citizens have been demanding that the police investigate the juvenile cases more thoroughly. At the same time, the court has held that the exclusionary rule should be strictly applied in the criminal cases and this trend is expected to continue in the juvenile cases as well. Although the exclusionary rule is not a constitutional principle, it is clear that juvenile protection procedures must be conducted in accordance with the principles of due process. Given the role of police in the juvenile protection procedures, the problems associated with the evidence collected by the police will become the center of controversy regarding due process in the near future. In this article, I examined the issue of police evidence collection process and suggested as follows. First, despite the police collecting most of the evidence, it is problematic in terms of the due process that there are no regulations regarding police investigation in the Juvenile Act. In order to control the process of collecting evidence, there is a need to establish the relevant provisions in the Juvenile Act. Second, the lack of regulations on the police search, seizure and verification for the cases of perpetrators under 13 promotes illegal investigation. To solve this problem, the relevant provisions shall be established in the Juvenile Act as well.