한국 형사법의 변천과정과 나아갈 방향― 모델론을 통한 형사소송법 개정 평가를 중심으로 ―

As a framework for evaluating the criminal justice system, Crime control model and Due process model have traditionally been used in the United States. This modelling theory is used throughout the criminal justice system, not only in the legislative field but also in the judicial and administrative areas, and is used as an guide line. The Due process model came in response to the Crime control model, which seeks stability in society through the expansion of crime and punishment, while the legal process model values the rights of suspects and defendants. In a Crime control model, even one criminal should not be missed, but in a Due process model, guaranteeing basic rights under the Constitution and securing legality in criminal procedures is more important even if a criminal is missed. In light of the traditional model theory, the Korean criminal law can be seen as having mainly adopted a Crime control model since its enactment until the 1990s. However, since the revision of the Constitution in 1987, the model of Due process has gradually been emphasized along with the pro-democracy movement of criminal justice, and the model of legal procedures has become the center of criminal justice as of 2007. However, if we look at the revision process several times since 2007, we can say that severe punishment and the increase in crime are a return to the Crime control model. Meanwhile, consideration of victims in criminal justice began after 1987 and is still ongoing. As victims have become an axis of criminal justice, it is difficult to assess under the traditional model theory. To solve these problems, this paper analyzed Kent Roach's four model theory, which reflected the victim as one axis, and confirmed that the criminal justice of our country is changing into a Punitive Victims’Right Model.