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KICJ Research Reports

Proposing the Legislative Policy in the Field of Criminal Justice to Regulate
Proposing the Legislative Policy in the Field of Criminal Justice to Regulate "Perverting the Course of Justice" in Korea
  • LanguageKorean
  • Authors Seokku Kang, Seunghui Ju
  • ISBN979-11-89908-20-1
  • Date June 01, 2019
  • Hit255

Abstract

1. Background and Purposes of Study

The purpose of this study is to prevent legal distortions and to prevent the abuse of power that can be committed during judicial proceedings and trial proceedings.

2. Main Contents

a) Types of Legal Distortion in Criminal Justice
The types of legal distortions or perverting the course of justice that appear in previous studies include the manipulation of facts, the unjustifiable use of law, and the abuse of discretion. In addition to these, some judicial deviations in practice should also be included.

b) Current Laws on Legal Distortion
Although it could be punished for abuse of power, there is no precedent for punishment as abuse of power. Since the former Chief Justice of Supreme Court was arrested, the possibility of disciplining the judge has increased.

c) Related legislation in other countries
Germany, Spain, Norway, Denmark, Russia, and Serbia are governed by independent penalties such as legal distortions or perverting the course of justice. In this case, the United States are governed by disciplining judges, and Japan, Austria, Switzerland and France are governed by punishing them for abuse of power or for infringement of the rights of others.

3. Summary of Suggestions

The punishment for the legal distortion or perverting the course of justice cannot be regarded as a product of modern democracy in history, and it is possible that power can be abused as a means to seize and control the judiciary rather than to condemn the judicial bureaucracy who is attached to the power. However, countermeasures are needed in order to prevent the recurrence of unjustified history.
These are needed as a countermeasure; a constitutional amendment for substantive independence of judges, pecification of reason for disciplinary jurisdiction, minimization disciplinary involvement of Chief Justice, specification of abuse of power, and so on.
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