재정신청제도의 문제점과 개선방안 - 재정신청제도 개선을 위한 형사소송법 일부 개정 법률안을 중심으로 -

Korean Bar Association organized ‘Application for Adjudication System Improvement TF’ for improving the existing flaws of Application for Adjudication System with three professors recommended from The Korean Criminal Law Association, a researcher from Korean Institute of Criminology, and eight lawyers of Korean Bar Association. ‘TF’ team finally made ‘Partly Revised Amendment of Criminal Procedure Act for Improving Application for Adjudication System’ through fourteen meetings in last year, doing research and study. Main features of the amendment are as follows; 1) expanding the target entirely to the criminal act which is filed an accusation against crimes, 2) changing prosecutory appeal from prepositive procedure into non-mandatory, 3) changing the jurisdiction of application for adjudication cases from high court into district court, 4) giving authority to adjudication court to order supplementary investigation when the court would not easily judge the case due to inadequate investigation of investigative agency, 5) re-adopting attorney-at-law to maintain a public prosecution system when the case is rendered a ruling to institute public prosecution. In addition, the amendment includes time limit extension of applying for adjudication and partly revised provisions about ‘restriction on inspection and copying of case record of application for adjudication.’ Each part of this article explains the legislative purpose of amendment in order of 1) Existing provisions 2) Revised provisions 3) Logical reasons of revising. Thus, it would show the existing flaws briefly and introduce revised provisions with their necessity in detail.