2007년 긴급체포제도 개정의 법적 의의

다국어 초록 (Multilingual Abstract)

Few legal problems evoke more passionate debate about the balance between prerogatives of the government and the liberty of the individual than the warrant-requirement principle and exigent arrest system in Korea. The Korean Constitution says that warrants shall be issued in case of arrest, custody, search or seizure, but in case a criminal suspect is apprehended flagrante delicto, or where there is danger that a person suspected of committing crime punishable by imprisonment of three years or more may escape or destroy evidence, investigative authorities may request an ex post facto warrant.(ROK. Const. XII ③)
The korean Criminal Procedure Act says that where there is no time that arrest warrant can be issued by a judge and danger that a person suspected of committing crime punishable by imprisonment of three years or more may escape or destroy evidence, investigative authorities may make an exigent arrest and request an ex post facto custody warrant. Investigative authorities don't arrest warrant, much less request an ex post facto custody warrant where they release arrestee within 48 hours. Many people have insisted that this exigent arrest system violate the Constitution since this system was established newly in 1995. Many people have insisted and rebuked that investigative authorities was making an improper use of their exigent arrest power.
With a view to solving these problem, Criminal Procedure Act 2007 provided that investigative authorities shall request an ex post facto custody warrant within 48 hours where they make an exigent arrest, and notify a local court of why they did that. This reform result from the Reform Bill on Criminal Procedure Act by the Presidential Committee on Judicial Reform.
In this review is examined how this Reform Bill was established in 2005, whether it solved many legal problems raised, and what are their legal meanings.