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이상원, The Backward Reform of the Criminal Justice System in Korea (2020)

아태법
2021-02-15
조회수 337

이상원, "The Backward Reform of the Criminal Justice System in Korea" , Journal of Korean Law, Vol. 19, No. 2 (2020), pp. 119-147.

<Abstract>

Since the restoration of independence in 1945, Korea has witnessed enormous changes in many ways. The criminal justice system is one of them. Although there have been some fluctuations, the system has generally evolved from the crime control model to the due process model and from authoritarian policing to democratic policing. Recently, a new legislation has been enacted under the banner of prosecution reform. It was the current government who took the initiative of the legislation. The reform was made in the name of serving the people. The legislation went through formalities of statutory process. Seemingly it appears to be democratic. However, the reform constructed a criminal justice system that is possibly favorable to political power rather than ordinary people including political opponents. Contrary to what was alleged by the government, there is a high risk that the reform leads to a weird type of policing, socialistic stealth authoritarian policing. 

<Keyword>

 Criminal justice system, policing, authoritarian, democratic, crime control, due process, model, stealth, prosecution reform, prosecutor, police, reform, investigation, Korea


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