일본 형사재심청구사건 심리의 실정과 형사소송법 개정 움직임 - 한국에 주는 시사점 -

In Japan, the acquittal of a retrial in a death sentence case known as the "Hakamata Case" has led to calls for the need to revise the retrial section of the Code of Criminal Procedure, and concrete moves toward legal reform are emerging. A bill to revise the Code of Criminal Procedure was submitted as a private member's bill to the ordinary Diet session of Japan in 2025, and deliberations continued after the end of that session, but full deliberations are expected to begin at the extraordinary Diet session scheduled in autumn. The Japanese Ministry of Justice has also begun deliberations in the Criminal Law (Retrial-related) Subcommittee of the Legislative Council. The focus of the revision of the Code of Criminal Procedure is on two points: the establishment of provisions for the disclosure of evidence in cases where a request for retrial is made, and the prohibition of appeals by prosecutors. The criminal retrial system in Korea is characterized by being divided into three types: regular retrials under the Criminal Procedure Act, retrials under the Constitutional Court Act, and retrials of past cases under special laws. However, there are no major differences between Korea and Japan in the provisions regarding regular retrials under the Criminal Procedure Act, and the criminal retrial systems in Korea and Japan are similar in that they adopt a two-stage structure consisting of a petition trial and a retrial hearing, as well as in the grounds for retrial. It is of great significance to compare the proceedings for criminal retrial requests in Korea and Japan, taking into account the differences in systems and operations. From the Korea's perspective, it is useful to look at the fact that Japan has established case law regarding the application of the benefit principle to the retrial case, as well as the status of the discussions surrounding the amendment to the Code of Criminal Procedure. On the other hand, from Japan's perspective, the fact that the National Human Rights Commission of Korea made a decision recommending improvements to restrict prosecutorial appeals, that in response to this the Public Security Department of the Supreme Prosecutors' Office created a "Manual for Past Retrial Cases" and is using this as the basis for deciding whether or not to appeal are very thought-provoking. Although the development of the criminal justice systems in Korea and Japan have been remarkable each other, they share the importance of the retrial system functioning as a safety valve as an emergency relief system.If there are former defendants who truly deserve relief, providing them with appropriate relief is a way to strengthen the public's trust to the judiciary. If false accusations cannot be remedied promptly and appropriately, it would be a great shame for a modern country governed by the rule of law.