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이존걸 한국비교형사법학회 2003 비교형사법연구 Vol.5 No.2
There are company without voluntary nature, violation on the reason of company, violation on identification state, violations on duties to notify reasons for company, purpose and place, violation on duties to notify the party's family members and to allow the party have a chance to be notified. violation on duty to notify the party to have the right to call an attorney, violation on the time of company, violation on the place of company), and vioaltion on using force such as compulsory during the process of voluntary company in Type of Illegal Voluntary Company. It is not allowed to arrest the party in such a serious violation on voluntary company. Therefore, the violation of voluntary company is succeeded post procedures in case of arrest after voluntary company. The procedures of examination of legality for collection of the evidence on illegal voluntary company is accomplished by interrelations among ① the degrees and contents of violation on preceding procedure, ② objective factors on involvement of causal relation between collection procedures for the violation on preceding procedures and the collection, and ③ subjective factors such as illegal preceding procedures and intention of criminal investigation. In case of violation on collection procedures for the evidences, it has to decide whether the evidences are eliminated by the existence of two requisites that are a serious violation which can disregard an idea of writ and a reasonable ground that can restrain illegal investigation. In addition, it also has to decide whether the evidences are illegal and are eliminated by these two requisites even in probative value on confession of the party under illegal voluntary company.