‘적법한 절차’를 위반한 사법경찰관 작성 피의자신문조서의 증거능력

Abstract

This paper treats a precedent of Supreme Court relating to the admissibility of examination record of a suspect which judicial police officer drew up in the process of questioning him. To answer this problem, it is inevitable to inquire into the relation between the 'due process' prescribed in Article 308-2 of criminal procedure law and the 'due process and method' prescribed in Article 312 of the same law. First, I examined here the current state of discussions on the 'due process' in constitutional and criminal procedure law. Second, I searched the meanings and contents of 'due process' prescribed in the above two provisions. Third, on the basis of such a comparison, I explained the sameness and the difference between the two. As a result of my study, I think that the relation between the two is the overlapping one such as intersection. In concrete, the two is fundamentally different from each other in its meaning track and application scope, but exceptionally overlapped only in respect of some objects.