초록 열기/닫기 버튼


The current constitution provides presumption of innocence and the right to get counsel assistance. Especially, the proviso of clause 4, article 12 of the constitutional law provides State-Appointed Counsel System and guarantees the defence right of the accused or a suspect as the basic right of the people. Some subordinate laws like the Criminal Procedure Code provide about it in detail. This study on The Current State-Appointed Counsel System is constructed as follows. Ⅰ. Introduction Ⅱ. The Selection of State-Appointed Counsel Ⅲ. The Operation state of State-Appointed Counsel System Ⅳ. The Improvement of State-Appointed Counsel System Ⅴ. Conclusion The state-appointed counsel system has a institutional significance in case that the accused can't not designate a private counsel or in special circumstances. The current state-appointed counsel system has many insufficiency in protecting the defence right of the accused, because it is very formal and not applicable. Under the present circumstances, We have to increase the number of state-appointed counsel to offer good service. We have to enlarge the selection range of state-appointed counsel to be great help to the accused and suspect. And It is indispensable to readjust the fee of state-appointed counsel and to enlarge counsel who takes exclusive charge. However, above all, the morality of a counsel is the most important. Even though state-appointed counsels get the poor fee, they should take the responsibility and morality that they have to protect the basic right of the people.


The current constitution provides presumption of innocence and the right to get counsel assistance. Especially, the proviso of clause 4, article 12 of the constitutional law provides State-Appointed Counsel System and guarantees the defence right of the accused or a suspect as the basic right of the people. Some subordinate laws like the Criminal Procedure Code provide about it in detail. This study on The Current State-Appointed Counsel System is constructed as follows. Ⅰ. Introduction Ⅱ. The Selection of State-Appointed Counsel Ⅲ. The Operation state of State-Appointed Counsel System Ⅳ. The Improvement of State-Appointed Counsel System Ⅴ. Conclusion The state-appointed counsel system has a institutional significance in case that the accused can't not designate a private counsel or in special circumstances. The current state-appointed counsel system has many insufficiency in protecting the defence right of the accused, because it is very formal and not applicable. Under the present circumstances, We have to increase the number of state-appointed counsel to offer good service. We have to enlarge the selection range of state-appointed counsel to be great help to the accused and suspect. And It is indispensable to readjust the fee of state-appointed counsel and to enlarge counsel who takes exclusive charge. However, above all, the morality of a counsel is the most important. Even though state-appointed counsels get the poor fee, they should take the responsibility and morality that they have to protect the basic right of the people.


키워드열기/닫기 버튼

counsel, state-appointed counsel, good service, guarantee, the basic right.