형법 제7조와 외국에서 미결상태로 구금된 기간

The sentence executed in a foreign country according to Article 7 of the Criminal Act shall be included in the sentence to be declared in Korea. The period of detention pending trial in a foreign country is the period when the defendant’s personal liberty was infringed, but there is no provision on how to deal with it. Recently, the Supreme Court declared that Article 7 cannot be applied to the defendant’s detention period before being acquitted in a foreign country(2017Do5977). Considering the distinction between the punishment and the detention pending trial in the Act, and the differences between the punishment and the detention pending trial in the stage of disposition, the place of power of disposition, etc., we should not interpret that the period of detention pending trial in a foreign country can be included in the sentence. Furthermore, searching the legislative intent of Article 7, it can not be regarded as the defect of law that there is not the provision for the detention pending trial in a foreign country. Therefore, Article 7 cannot be applied to the detention pending trial in a foreign country by analogy. In the end, it is appropriate to revise Article 7 in a way to establish a new provision which lists concretely what need to be included in the period of sentence among the periods of detention in a foreign country and enables the court to decide the range of inclusion.