Litigation in Korea

Litigation in Korea

Elgar Korean Law series

Edited by Kuk Cho

This informative book provides an overview of the law and judicial institutions pertaining to litigation in Korea, as well as a selection of important court decisions.

Chapter 5: The Admissibility of Suspect Interrogation Record in the New Era of Korean Criminal Procedure

Yong Chul Park

Subjects: asian studies, asian law, law - academic, asian law


5. The admissibility of suspect interrogation record* in the new era of Korean criminal procedure Yong Chul Park I. INTRODUCTION Since Japan transplanted its German-influenced legal structure in Korea during the Japanese occupation period of the early 20th Century, Korea has taken the form of authoritative bureaucracy where public officials hold great power. Public officials including judges and prosecutors have shared and exercised a vast amount of discretion in terms of enforcing laws.1 Previously as enforcers of criminal justice, prosecutors had long enjoyed corroborative kinship with judges; now there is productive tension.2 Oftentimes judges helped prosecutors to prove their cases.3 Since judges were geared to work as supporting partners to help and prove prosecutions, there were not exactly impartial umpires.4 There have been two similar but different sets of evidence showing judges’ mighty power and their kinship with prosecutors in criminal trials. The first one is the fact that the many aspects of rules of criminal evidence posit rather in common law status without a lot of necessary details.5 Heavily relying upon judges’ discretionary power, it was implicitly noted that a lot of detailed aspects of the Rules were considered better if they were * Section 1 of Article 312 of the Criminal Procedure Code (CPC) (hyeongsasosongbeop) (Law No. 341, 23 September 1954, last revised 21 December 2007 as Law No. 8730) (KCPA) terms it as ‘A protocol which contains a statement of a suspect or of any other person, prepared by a public prosecutor.’ 1 Yong Chul Park, Does It...

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