고속축중기를 활용한 도로과적단속 기술동향

권순민,정영윤,이재훈,이경배,Kwon, Soon Min,Jung, Young Yoon,Lee, Jae Hoon,Lee, Kyung Bae 한국구조물진단유지관리공학회 2012 한국구조물진단유지관리공학회지 Vol.16 No.2

형사소송법상 조사자증언제도의 합리적 운영방안

권순민 ( Soon Min Kwon ) 단국대학교 법학연구소 2010 법학논총 Vol.34 No.2

The investigation authorities`s statement in criminal procedure has made an entrance under the subject as for the principle of trial-centeredness. Realization of the principles of direct and oral proceedings is the core trial-centeredness and this principle has become the kernel directing post throughout the course of current criminal justice reform in Korea. However, practice of the trial has already become formalistic and skeleton. The protocol which contains a statement of a suspect prepared by public prosecutor or judicial police officer(investigation authorities) can effectively program the conviction of judges in advance. If the investigation authorities`s statement is used as one of various information(evidence) and is controlled by legal procedure that helps the judge convict, it can rather contribute to the formation of a rational conviction and ensure a fair trial. But I don`t think this system can make rational criminal justice. I don`t think this system can make rational criminal justice in our times, because in criminal procedure the investigation authorities`s statement can possibly cause problem that the defendant`s statement conducted in front of investigator can be as a evidence without difficulty. Besides devices to control this system is weak. Devices to check and control the investigation authorities`s statement are required to be strengthened beforehand and afterwards in criminal procedure.

공판준비기일의 합리적 운용방안에 대한 연구

권순민(Kwon Soon-Min) 한국형사법학회 2008 刑事法硏究 Vol.20 No.1

  Preparatory Proceeding may make trial more efficient and intensive. However this procedure may include to the risk factors that it, with its procedural processes, replaces the trial, or becomes formalistic and skeleton. Its risk factor increases proportionally when the criminal justice has a strong predilection toward economic practicality. That’s one of the reasons why Preparatory Proceeding should not serve solely for the effectiveness or promptness of trials. This must be based on the understanding that it is not to resolve the burden of criminal justice caused by the delay of hearings, one pitfall of the principles of trial-centeredness, but to faithfully execute the Preparatory Proceeding in the existing Criminal Procedure Law well in advance so that focused and substantial trials become possible and, thus, result in prompt outcome. Otherwise, it will just be an institution that assumes the program similar to pretrial hearing and a mode of the trial controlled by judge’s conviction based on the written evidence. The idea of trial-centeredness is that the formation of fact-finder’s conviction must be done in a court in session with the support from the principle of the legal planning of modernization of the criminal procedures. It can be hardly justified that, despite of the factthat the subject is the trial court, the formation of the conviction in the preparatory proceeding is made into a frameworkin a court.<BR>  Therefore the proper role of the Preparatory Procedure should be to maximize the availability of evidence and information and to adequately arrange them for the formation of fact-finder’s rational conviction in a court in session.

연구논문 : 국민참여재판의 신청과 배제에 관한 연구

권순민 ( Soon Min Kwon ) 단국대학교 법학연구소 2014 법학논총 Vol.38 No.4

Application and exclusion in citizen participation in criminal trials perform a function as filter to progress a citizen participation trial. Act on citizen participation in criminal trials guarantees defendant to have right to a participatory trial, as provided by this Act. However such case shall not proceed to a participatory trial, If a defendant does not want a participatory trial. So, A court shall inquire a defendant of an eligible case, in writing or by other means without exception, of whether a defendant desires a participatory trial. and the court shall ensure to assure a defendant of his/her right to a participatory trial to the maximum. A defendant shall submit a written statement, describing whether a defendant desires a participatory trial, within seven days from the date on which a duplicate of indictment is serviced. The Supreme Court admits defendant to submit her desires a participatory trial until preparatory proceedings for a trial are closed, or the initial proceeding of a trial begins for expansion of participation of defendant. It also shall not proceed to participatory trial if a decision to exclude is made pursuant to Article 9 (1) in this Act. According to Aricle 9 in this Act, a court may not decide to proceed to a participatory trial for a period beginning after an indictment is filed and ending on the day after the closing of preparatory proceedings for a trial in any of something cases. However the reasons for decision to not proceed to a participatory trial are so ambiguous. This regulations for decision to exclude should be amended clearly for activating the citizen participation in criminal trial.

연구논문(硏究論文) : 의식 없는 피의자에 대한 혈액채취와 영장주의

권순민 ( Soon Min Kwon ) 단국대학교 법학연구소 2011 법학논총 Vol.35 No.2

Because compulsory investigation may arrogate fundamental human right gravely, criminal procedure law regulates requirement and process to it. Investigation agency and court have to keep to such due process. Especially when drunken driving suspect is fallen into unconsciousness, blood of suspect is important proof. Criminal investigation agency want to extract and use as evidence. In this case, investigation agency need warrant for her search and seizure without her consent. However according to Korean Supreme Court(98do968, 1999), criminal investigation can ask doctor and nurse to extract unconscious suspect`s blood and use as a evidence on the premise of doctor or nurse`s consent, not suspect running article 218 of criminal procedure law. However, this decision soil ideal of warrant principle. In warrant principle, investigation agency present the warrant to deprived person of the benefit and protection of the law because of such investigation. In order to protect suspect`s information, article 218 of criminal procedure law have to be interpreted strictly. Ultimately, legislation for extracting and using suspect`s blood as a criminal evidence is needed.

피의자를 위한 국선변호인 제도 확대 적용에 대한 검토

권순민(Kwon Soon Min) 한국형사소송법학회 2018 형사소송 이론과 실무 Vol.10 No.1

The State-Appointed Counsel system prevents human rights violation and ensures the fairness of criminal process. According to Article 12 of Constitution of the Republic of Korea “Any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by Act. The State-Appointed Counsel system is used for the defendants at this present time. Exceptively, the state-appointed counsel to a Criminal Suspect are used only for Request for Warrant of Detention and Examination of Criminal Suspect, arrest, and Review of Legality of Arrest and Detention. In the process of Request for Warrant of Detention and Examination of Criminal Suspect, if a criminal suspect subject to examination has no defense counsel, the judge of the district court shall ex officio appoint a defense counsel. And in the process of Review of Legality of Arrest and Detention, when the arrested or detained criminal suspect is not represented by a defense counsel, Article 33 of Criminal Procedure Law shall be apply mutatis mutandis. But this system must promote extended application for the criminal suspect. German and United States are already conducting the State-Appointed Counsel for the criminal suspect. If we introduce this system for the criminal suspect, the right of defendant are ensured and it will be possible to maintain balance with the other rules of Criminal Procedure Law.

연구논문(硏究論文) : 직무질문을 위한 유형력 행사의 요건과 한계

권순민 ( Soon Min Kwon ) 단국대학교 법학연구소 2012 법학논총 Vol.36 No.2

This study review Korean Supreme Court`s case on police stop and questioning. Korean Supreme Court admits some forcing for police questioning under considering of Principle of Proportion. This suggestion of Court is based on try for activity of operation the police. However, there is no legal source that Court`s resolution. I think Court have to decide for liberty of civil, not criminal justice system when it is vague. I think under current the Act on the Performance of Duties by Police Officer, it is impossible to exert some forcing for police questioning.

소송구조와 합리적인 형사소송의 방향

권순민 ( Soon Min Kwon ) 한국비교형사법학회 2008 비교형사법연구 Vol.10 No.1

아동 피해자 보호를 위한 국제규범의 형사절차법적 수용과 합리적 이행방안 -UN 아동권리협약과 아동 피해자,증인사법지침을 중심으로-

권순민 ( Soon Min Kwon ) 한국비교형사법학회 2013 비교형사법연구 Vol.15 No.2

The Convention on the Rights of the Child carries legal binding force to member nation and Republic of Korea ratify the treaty. UN guidlines on justice in matters involving child victims and witnesses of crime were adopted by the UN in 2005 for children who have been harmed by crime. Article 12 of UN convention on the rights of the child and UN guidlines on justice in matters involving child victims and witnesses of crime were created sure that children who have seen others harmed are protected and treated fairly in criminal procedure. Children victimized and harmed may asked to say what they see before police officer and judge. The most of children are worried and frightened during their testimony. These international regulations demand to help protect children when they go to talk police, lawyer, social worker. children victim has the right to be informed, to be heard and to express views and concerns, to effective assistance, to privacy and to be protected from hardship during the justice process. It is important to protect the child from any possible danger in criminal process. Korean criminal process includes legal programme that protects for children victim before, during and after the criminal justice process. Children victim and witness should have access to assistance provided by professionals. These assistances include support service such as legal, consultative, testimonial. It is allowed the court to order the use of closed-circuit television, if the judge finds that the child is unavailable to testify in open court and the electronic recording of statements. However I think these programme for children victim and witness concentrating in field of sexual crime have to dispread any other crime related children victim and witness.

성폭력 범죄 관련 특별법상 소위 영상녹화제도의 위헌성과 합리적 운영방안에 대한 검토

권순민(Kwon Soon Min) 조선대학교 법학연구원 2014 法學論叢 Vol.21 No.3

아동ㆍ청소년성보호법과 성폭력특례법등의 특별법은 아동 및 장애인 성폭력범죄 피해자의 반복적인 소환과 진술로 인한 이차피해를 방지하기 위해 수사초기진술을 영상녹화하도록 하고 공판정에서는 피해자 증인의 신뢰관계인 등에 의해 성립의 진정이 인정되면 영상녹화물을 유죄의 증거로 사용하도록 하고 있다. 이 제도는 얼마 전 헌법재판소의 합헌결정으로 법적 정당성이 지지되기도 하였다. 피해자 보호를 위해 효과적일 것 같은 이 제도는 다른 한편으로는 피고인의 공정한 재판받을 권리의 핵심이라고 할 수 있는 반대신문권을 원천적으로 제한 할 수 있다는 문제가 있다. 그래서 선한 목적을 추구하는 이 제도가 다른 한편으로 법률상의 다른 가치를 원천적으로 그리고 과잉으로 침해하는 것이 아닌가하는 의구심을 갖게 한다. 또한 이 제도가 추구하는 목적이 피고인의 방어적 권리를 덜 침해하는 현행 다른 제도들에 의해서는 유지될 수 없는 것인지에 대한 검토도 필요하다. 더 나아가 현행 제도들이 피해자 보호에 효과적이고 피고인의 방어권을 보호하며 법관의 합리적인 사실인정에 기여할 수 있는 방안을 모색해 보기로 한다. Videotaped testimony system is included in the Act in the protection of children and juveniles from sexual abuse and the Act on special cases concerning the punishment, etc. of sexual crimes. According to these Acts, in cases where the victim referred to in paragraph (1) is under the age of 19 or lacks ability in discerning things or making decisions due to any physical or mental impediment, the contents of the statement made by the victim and the process of investigation shall be videotaped by a video recording device such as a videotape recorder and kept. The statement of a victim contained in the images recorded in accordance with the procedures set forth above Acts may be used as evidence when the veracity of its constitution is acknowledged by the victim or a person who is in fiduciary relationship and has sat in company with the victim on the date of preparation of a trial or on date of a trial. This system intended to protect children and disabled person victim witness from secondary victimization. They also refuge to testify despite the judge's request in court sometimes. The Constitutional Court ruled that this system is constitutional. Someone suggests this system could play great role for protecting the secondary damage of victim and secure victim's statement as evidence in early investigation stage. However, This system also violates a right of confrontation and cross-examination of defendant seriously. We should reexamine thoroughly this system and look for the way less- violated in the defendant' right.