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노명선 성균관대학교 법학연구원 2006 성균관법학 Vol.18 No.2
The Contents and Suggestions of New Preparatory Procedure in Japan Roh, Myung-Sun Since 2005 Nov. 1st, Japan made a new proposal, which is a pretrial conference and operating it to accommodate the enforcement of trial system for 2009. Until now in 2006 May 31st, about 7 months, there were only 5 cases that pretrial conference were enforced in Tokyo district court, so it is not a reliable data to evaluate the merits yet. However, the activation of this new proposal will change the proper duties of process of trials. However, there are some opinions that this new proposals lose the substances f protection of due process of law, suspect, and the right of protection for defendants. Through the enforcement of pretrial conference, it will bring. 1. Compact the substitution. 2. Avoid the duplication of evidence and instrument and arrange these as one integrated evidence. 3. Search for substances of oral, and to operate the easy private law that citizens will easily know, use the visuals. 4. Through the continued intense hearings, shortening the time of hearings is demanded and for this, there needs to be efforts of court, prosecution, and the lawyers in both country Korea and Japan. Indeed, Japan’s legislation of pretrial conferences, problems through operations, and the solutions to solve the problems needs to be discussed in Korea same as Japan. These are the assignments for both countries.
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노명선(Roh Myung-Sun) 성균관대학교 비교법연구소 2006 성균관법학 Vol.18 No.1
Since 2005 Nov. 1st, Japan made a new proposal, which is a pretrial conference and operating it to accommodate the enforcement of trial system for 2009. Until now in 2006 May 31st, about 7 months, there were only 5 cases that pretrial conference were enforced in Tokyo district court, so it is not a reliable data to evaluate the merits yet. However, the activation of this new proposal will change the proper duties of process of trials. However, there are some opinions that this new proposals lose the substances f protection of due process of law, suspect, and the right of protection for defendants. Through the enforcement of pretrial conference, it will bring. 1. Compact the substitution. 2. Avoid the duplication of evidence and instrument and arrange these as one integrated evidence. 3. Search for substances of oral, and to operate the easy private law that citizens will easily know, use the visuals. 4. Through the continued intense hearings, shortening the time of hearings is demanded and for this, there needs to be efforts of court, prosecution, and the lawyers in both country Korea and Japan. Indeed, Japan’s legislation of pretrial conferences, problems through operations, and the solutions to solve the problems needs to be discussed in Korea same as Japan. These are the assignments for both countries.
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대형 경제 형사사건의 효율적인 관리 및 증거조사 방법에 관한 연구 – 각국의 경제 형사사건 전담재판부 운영 실태 분석을 중심으로
홍진표 ( Hong Jin-pyo ),계인국,안문희 사법정책연구원 2016 연구보고서 Vol.2016 No.16
Given limited judicial resources, it is no easy task to allocate significant time and money to complex and complicated economic criminal cases that are characteristic of a large number of witnesses and copious documentary evidence. Even if one were to attempt this, it is unable to render substantive justice by finding truth and punishing law offenders through trial-based proceedings. Thus, it is necessary to manage large-scale economic criminal cases and employ methods of evidence examination in an efficient manner. Korea and numerous other countries have developed various management systems for large-scale economic criminal cases given each country’s respective political, economic, social, and historical background. This research aims to identify the current state and problems of the Korean management system, and conduct a comparative analysis among other countries, based on which long-term and short-to middle term improvement measures are examined. The present research begins by expounding the definition and categorization of economic criminal cases in Korea, and articulating the general characteristics of Korean economic criminal trials that require more time and money on witness examination and other evidence examination compared to other criminal cases because the defendant often denies charges despite relatively low acquittal rates. It then look into the establishment and status of chambers that specialize in and exclusively hear economic criminal cases, the modus operandi and problems of the management and methods of evidence examination of complex economic criminal cases. Second, this research conducts a comparative analysis among different countries including Germany, France, Japan, the United States, and the United Kingdom identifying similarities and differences in methods of management and evidence examination. While Germany, France and Japan have specialized courts and chambers for complex economic criminal cases, the United States and the United Kingdom do not. In the aforementioned countries, case assignment is not often modified over the short run so as to prevent instability in the handling of criminal cases. Although minor differences remain over details of their respective management systems, the all aforementioned countries differentiate between complex economic cases or cases where charges are denied by the defendant and simple minor economic cases including economic cases where the defendant does not deny charges due to plea bargaining. There is a fast track for the latter for which the procedure is simplified and expedited. In terms of complex and complicated economic cases, there are various systems that help the court find the substantive truth efficiently by means of sorting issues and evidence through trial preparations and intensively conducting evidence examination on trial. Based on such a comparative analysis, the present research purports to examine and prescribe specific long- and short-term improvement measures for addressing problems of the current system and judicial practices in Korea. Such long- and short-term improvement measures should be proposed based on a comprehensive understanding of criminal law and criminal procedure, and the public’s consent on the importance of striking a balance of interests between the defendant and the victim, as well as peace and stability of our society governed by law. Hopefully, this research will contribute to growing discussions among not only scholars, experts and practicians in the relevant field but also the general public in presenting alternative policy and legislative proposals that effectively manage complex economic criminal cases and methods of evidence examination in Korea.
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