증언거부권 불고지와 위증죄 성립과의 관계

Testimonial privilege is an important right of a witness to refuse to testify against himself or herself; a notice of the right to refuse to testify is a procedural device to ensure that this right can be effectively exercised. However, if the right to refuse to testify is not notified, legal issues may arise regarding the witness's qualifications to testify or whether perjury has been committed. The Supreme Court has considered the witness's expectations, qualifications, and whether the witness's right to refuse to testify has been violated to determine whether perjury has been committed. Nonetheless, this has the potential to overly expand the discretion of judges and undermine the effectiveness of the right to refuse to testify. Hence, this article studies the relationship between the right to refuse testimony and the notification of the right to refuse testimony under the Criminal Procedure Act, the guarantee of witnesses' rights and the establishment of perjury. Thus, it proposes concrete measures to ensure the effectiveness of the right to refuse testimony system and strengthen legal stability related to perjury, thereby contributing to future legal discussions and system improvements. First, this article reviewed provisions and Supreme Court precedents related to the right to refuse to testify under Articles 148 and 149 of the Criminal Procedure Act, and analyzed the problems of the right to refuse to testify. In doing so, it proposed interpretive and legislative improvements to strengthen compliance with due process and the guarantee of witnesses' rights. In particular, it confirmed that false statements made without notice of the right to refuse to testify should not be immediately denied the crime of perjury, but rather the legitimacy of the criminal justice system should be secured by guaranteeing the rights of witnesses through due process. In conclusion, in light of the privilege against self-incrimination under Article 12(2) of the Constitution and the due process principles of the Criminal Procedure Act, the obligation to notify the right to refuse to testify is not a mere procedural requirement, but a key device to protect the rights of witnesses and the credibility of the criminal justice system.