구속 전 피의자심문의 제도적 의미와 기일 속행의 적법 여부 - 대법원 2025. 3. 13. 선고 2022도9819 판결 - = The Institutional Significance of Pre-Detention Suspect Examinations and the Legality of Hearing Continuation

다국어 초록 (Multilingual Abstract)

Pretrial detention hearings in Korean criminal procedure serve as a constitutionally guaranteed procedural mechanism allowing suspects to appear before a judge for the first time during the investigative stage. While the principles established by the Supreme Court in search and seizure cases have significantly evolved since 2015 through a series of Supreme Court rulings, the detention system has remained largely unchanged since the introduction of the mandatory pretrial detention hearing system in 2007.
Detention, as the most intrusive form of investigative coercion, must be strictly limited under the principles of due process, the rule of law, and the Warrant Requirement, which demands prior judicial review and probable cause. The examination of a suspect prior to detention is a procedural hearing conducted to determine whether the suspect should be detained.
The 2022 Supreme Court decision in Case No. 2022Do9819 addressed whether the hearing may be adjourned and continued across multiple dates. While the Court ruled that adjournment is generally inappropriate, it found that it may be permissible in exceptional circumstances, such as to allow procedural fairness or to provide additional opportunity for the suspect to present arguments.
However, the pre-detention hearing, as a procedure for reviewing the grounds for detention, must be conducted swiftly and succinctly. The urgency and exceptional nature of this procedure suggest that adjournments should be avoided unless clearly justified by compelling reasons.