유럽인권협약상 변호인의 조력을 받을 권리의 해석과 적용 – 유럽인권재판소 판례를 중심으로 –

This paper reviewed that the right to receive assistance from lawyers in the early stages of criminal proceedings is a key element of a fair trial in accordance with Article 6 of the European Convention on Human Rights, and analyzed the legal principles formed around the Salduz v. Turkey case. Through this, it was confirmed that the right to assist lawyers is not a simple procedural right, but an essential element of guaranteeing practical defense rights. In particular, the Ibrahim and others v. United Kingdom and the Beuse v. Belgium cases showed that maintaining a balance between public safety and the rights of suspects is an important task in modern criminal proceedings. After the Salduz precedent, the right to assist lawyers was regarded as an absolute right, but since then, precedents have changed to comprehensively evaluate the fairness of the entire trial process, acknowledging that access to lawyers may be limited under certain conditions. These changes can be seen as an attempt to find a legal balance between maintaining national security and protecting individual basic rights. Measures restricting the assistance of criminal suspects to lawyers should be carefully considered, which is also linked to the basic principles of international human rights law. If confessions made in the absence of lawyers are used as primary evidence in criminal trials, there is a risk of violating international human rights standards. Therefore, the criminal justice system must protect the public interest at the national level and establish institutional safeguards to guarantee the basic rights of individuals.