형사소송에서의 심판대상과 공소사실의 동일성 - 소송구조에 따른 비교법적 검토 -

In criminal procedure, the object of judgment is a certain claim against the defendant of the prosecutor and it is determined by the prosecutor's prosecution. The court cannot judge a case for which the prosecutor has not prosecuted, and the prosecution means the confirmation of the object of a lawsuit because it determines the object to adjudication in relation to the criminal proceedings. At this time, the object of judgment determined by the prosecutor's prosecution will affect the whole process of criminal procedure, including the method of written indictment, the procedure for modification of an indictment, and the scope of the final decision. Based on the procedure structures, this paper analyzed comparative law on former the inquisitory system’s object of a lawsuit theory in the old Japanese Criminal Procedure Act, the inquisitory system’s object of a lawsuit theory in the Germany Criminal Procedure Act, and the adversary system’s object of a lawsuit theory in US. Through this attempt, I identified the exact position of the theory of object of a lawsuit theory in Korean Criminal Procedure Act. This study examined the implications of the theory of the object of judgment and the theory of an identity of facts charged can harmonize the conflicting interests of the right of defendant between substantive truth.