수사절차에 관한 헌법재판소의 결정에 대한 고찰(2011.07-2014.12)

Abstract

The Constitutional Court established at Sep. 1988 in Korea. It has made a significant contribution to the extension of the human rights during last twenty five years. Korea has been transformed from authoritarian society to democratic one since the 6.29 Declaration in 1987. In respond to this change 「Criminal Procedure Act」 has been amended to improve the detention system of a suspect in the criminal procedures. Especially the means for guaranteeing the defending right of the suspect in investigation of investigative agency had complemented in 「Criminal Procedure Act」amended at Jun. 2007. The Constitutional Court have greatly contributed to such transformation of 「Criminal Procedure Act」. Also the decisions of the Constitutional Court as to the questioning or detention of the suspect, one of the most important investigation methods, has put the assurance of the due process of law and the guarantee of the human right in the first place rather than the ease of investigation in investigative procedures. I already had examined the decisions of the Constitutional Court related to criminal procedures made from 1989 to Jun. 2011, and published the results of my research in book form in 2011 - 「Criminal Procedures and Constitutional Suit」(Dongguk Univ. Pub. : Seoul). So, as a part of a follow-up, I will study on the decisions of the Constitutional Court related to criminal procedures, especially investigative procedures, made from Jul. 2011 to Dec. 2014 in this article. And I will suggest my opinions as to how the current laws and regulations on investigative procedures will be transformed.