한인섭, 형사소송법 제정과정과 김병로, 2017.05, 법학연구
Abstract
Drafting the First Korean Criminal Procedure Code: Kim Pyong Ro’s Contributions
In Sup Han
Kim Pyong Ro (1887-1964) was responsible for making the basic laws including Criminal Code, Criminal Procedure, Civil Code, and Civil Procedure. Now, I analyse his involvement in the drafting of the Criminal Procedure Code, when he was in charge of the Director of the Korean Commission for Code Compilation. Criminal Procedure Code was gradually drafted since 1948. Koreans aspired to remove the remnants of Japanese-colonial criminal procedure & practice. Also, people aspired to enjoy the procedural guarantee against the practice of inhumane treatment at the criminal procedure. Speedy trials should be also guaranteed. Especially it was seriously discussed how to prevent the torture and illegal method at the police interrogation. Every individual articles were drafted towards fair, speedy, and human rights. whole articles of Criminal Procedure Code, by his own effort. The first Criminal Procedure Code was passed in 1954, and the present Code was the result of recurrent revisions since 1954. However, the framework and core contents are not so far from the 1954 original Code. Kim’s contribution shed the light on the present code.
Keywords : Kim Pyong Ro, Criminal Procedure Code, 1954, the detention period, habeas corpus
한인섭, 형사소송법 제정과정과 김병로, 2017.05, 법학연구
Abstract
Drafting the First Korean Criminal Procedure Code: Kim Pyong Ro’s Contributions
In Sup Han
Kim Pyong Ro (1887-1964) was responsible for making the basic laws including Criminal Code, Criminal Procedure, Civil Code, and Civil Procedure. Now, I analyse his involvement in the drafting of the Criminal Procedure Code, when he was in charge of the Director of the Korean Commission for Code Compilation. Criminal Procedure Code was gradually drafted since 1948. Koreans aspired to remove the remnants of Japanese-colonial criminal procedure & practice. Also, people aspired to enjoy the procedural guarantee against the practice of inhumane treatment at the criminal procedure. Speedy trials should be also guaranteed. Especially it was seriously discussed how to prevent the torture and illegal method at the police interrogation. Every individual articles were drafted towards fair, speedy, and human rights. whole articles of Criminal Procedure Code, by his own effort. The first Criminal Procedure Code was passed in 1954, and the present Code was the result of recurrent revisions since 1954. However, the framework and core contents are not so far from the 1954 original Code. Kim’s contribution shed the light on the present code.
Keywords : Kim Pyong Ro, Criminal Procedure Code, 1954, the detention period, habeas corpus