형사절차에 관한 2018년 헌법재판소의 주요 결정에 관한 검토

Abstract

Since its establishment in September 1988, the Constitutional Court has sought to develop the current law and reform the national system or policies through unconstitutional rulings on the provisions of the current law, which infringes on individuals' basic rights as an institution that embodies the ideology and values of the Constitution. Furthermore, the Constitutional Court has helped ensure the due process and create a human rights-friendly criminal procedure through decisions regarding criminal procedures. Therefore, it would be significant for the Constitutional Court to examine the impact of the decision on criminal proceedings through a review of the Constitutional Court's decision on criminal procedures. In this paper, the main decisions related to criminal proceedings are reviewed during the Constitutional Court's decision in 2018 in an extension that has studied the Constitutional Court's decisions on criminal procedures since the Constitutional Court was established. A total of 13 decisions were made by the Constitutional Court in connection with the 2018 criminal procedure, of which the remaining four were analyzed and reviewed, except for eight decisions on the suspension of prosecution and one on the non-prosecution disposition.