즉결심판제도의 발전적 확대방안

Abstract

The proceeding for summary judgements is a procedure for deciding clearly evidentand minor offences in their quality through simplified procedures. And it is exceptionalsystem of the principle of indictment monopoly on Criminal Procedure Act, initiatedcriminal proceeding by prosecution of a police chief not but a prosecutor(Act on theProceedings for Summary Judgements(APSJ) §3). It has the virtues of speedy andsimple termination of trial, dissolution of defendants’ unstable status, reduction ofunnecessary expenses and so on. So, this proceedings can be an effective method forpreventing that offenders recommit the crime and for rehabilitating them to thesociety. Therefore we need to expansive objects the proceeding for summaryjudgements than present – incident equivalent to detention under 200,000 won, fine,minor fine(APSJ §2). But it is likely to result in insufficient examination and in inadequate protectiondefendants’ rights guaranteed in the criminal procedure. Nevertheless, the proceedingfor summary judgements should be maintained because it has more merits than faultsand its defects can be overcome. Therefore the proceeding for summary judgements isneeded to provide a variety of institutional safeguards to prevent these problems. So, in this paper, I will examinate the advanced researches as to the proceeding forsummary judgements, and suggest the expansive measures of objects the proceedingfor summary judgements and its legal and systematical reform plans.