퇴정한 피고인의 실질적 법정참여권의 보장 - 비디오 등의 중계장치를 활용한 형사소송법 제297조의 개선방안 -

Article 165-2 of Korean Criminal Procedure Act permits the examination of a person as witness through a video or any other transmission system to protect witnesses and thereby facilitate the discovery of truths. Article 297 of Korean Criminal Procedure also has the same purpose. In this case, in contrast to Article 165-2, a criminal defendant must be withdrawn from the court rather than the witness. According to the Supreme Court case, the right of cross- examination of the temporarily withdrawn defendant should not be infringed. Although the gist of the statement shall be informed to the criminal defendant after making the withdrawn defendant appear in court, the defendant’s effective right for presence and the right of cross-examination may be restricted, while the defendant has been out of the court. Therefore, if the criminal defendant has an application, the defendant must be provided with real-time video transmission. By providing this in Article 297 not only the protection of witnesses will be secured, but also rights of the temporarily withdrawn defendant will be ensured, and ultimately, the discovery of truths will be facilitated.