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The Discovery of Criminal Evidence in South Korea
신동운 서울대학교 아시아태평양법연구소 2014 Journal of Korean Law Vol.13 No.2
In 2008, as part of a judicial reform, a so-called law school system was introduced and the participatory trial in which citizen participants serve as jurors was implemented in South Korea. With the implementation of the new participatory trial, there has been a major reform in the Criminal Procedure Act which includes the discovery of evidence. The discovery of evidence refers to a system in which litigant parties present their evidence to their opposing parties prior to the public trial. This article provides an analysis of the discovery of evidence and addresses issues concerning this new system. In this article, I emphasize that the discovery of evidence is a system that ensures a fair trial, not just a procedure in which the prosecutors and defendants fight and struggle against each other. I also stress that the discovery of evidence is a premise for success of the new participatory trial in Korea and that it is oriented toward the concentrative examination. In addition, I provide a chronological review of the revision processes in the Criminal Procedure Act and suggest that the discovery of evidence is a full recovery of the counsel’s right to examine and copy all the relevant documents, articles, and papers relating to witnesses. I also provide an overview of the current discovery of evidence in South Korea by describing the discovery of evidence processes both for counsels and prosecutors, and an explanation on the decisions of the Constitutional Court and the Supreme Court when the prosecutor does not execute the court’s order. Finally, I point out several issues derived from the misunderstanding of the discovery of evidence and urge a revision in the law.
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신동운,김준식,한승백,이준희,김아진,김지혜,기웅,안성태,이용주,백광제 대한응급의학회 2002 대한응급의학회지 Vol.13 No.1
Purpose: Due to its rapidity and easy accessibility, the fingerstick blood glucometer has been used in almost all hospitals and private clinics, and even by patients themselves. We also have used it even in shock patient care, but shock shows global tissue hypoperfusion, especially in peripheral tissue. The changes of peripheral circulation have an influence on the results for fingerstick glucose. To evaluate the accuracy of the glucometer for patients with poor peripheral perfusion, we designed this study. Methods: A prospective, nonrandomized comparison group study was done. A hypotensive group and a normotensive group were compared. We obtained three data from each patient; venous blood glucose level (clinicopathologic laboratory), venous blood glucose level (by glucometer) and fingerstick glucose level (by glucometer). Results: We saw a significant difference between the fingerstick glucometer results and the laboratory glucose levels in hypotensive patients: 131.67±55.33 mg/dl vs. 147.23±62.06 mg/dl (paired t-test, p<0.05). There was no significant difference between fingerstick and laboratory glucose in normotensive patients; 101.75±20.14 mg/dl vs. 105.60±21.95 mg/dl (paired t-test, p>0.05). There was no significant difference between the results of venous glucometer and laboratory test in either group; 142.37±61.27 mg/dl vs. 147.23±62.06 mg/dl (paired t-test, p>0.05) and 102.98±17.02 mg/dl vs, 105.60±21.95 mg/dl (paired t-test, p>0.05). Although some statistical differences existed between the results, all of the error rates were in an acceptable range (within 15%, accepted by American Diabetes Association consensus). Conclusion: These results suggest that the blood glucose level of the glucometer with venous blood is more accurate than that with peripheral blood in patients with poor peripheral circulation.
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