선전담변호사 제도의 검토

다국어 초록 (Multilingual Abstract)

An attorney is essential premise to find the true fact under law suit party system and to realize the principle of fair trials. It may be the least demand for criminal proceedings in a civilized nation. An attorney has professional legal knowledge and establishes reliable relationship with the accused or the suspect and provides help so it raises the necessary of actual guarantee for the principle of fairness between a prosecutor and an accused or a suspect. Thus, the attorney system finds the meaning of existence at this point. Moreover, if someone can’t get actual help from an attorney because of social and economic reason and the criminal proceedings are progressed although the attorney system is guaranteed under the constitution, the principle of fair under the constitution can’t be realized actually and the principle of proper legal procedures can’t be realized, too. Therefore, it is necessary that the state gives help to people who can’t hire an attorney by themselves so that the public defender system is being implemented. Currently, there are theoretical problems with the public defender system especially regarding independence of the attorney, and it has been pointed out that there are things to supplement in practical sides. Therefore, the assertion, which the system should be changed as the public defender system in the US, is becoming powerful. We may think about long-term measures for improvement step-by-step but the operation of current public defender system should be supplemented. This article will briefly review public defender system in other countries, regulations related to Korean public defender system, and improvements of the system so far, and find out the operation situation and problems of public defender system and finally I will briefly sate my opinion on improvement schemes.