초록 열기/닫기 버튼
In recent there is a lively controversy surrounding plea-bargaining in Korea. It takes focus on whether plea-bargaining must be introduced into our criminal legal system or not, to increase the efficiency of criminal justice in general. By the way summary procedure(summary order procedure and summary judgement procedure) has many problems in the point of legal theory and its application. Therefore it does not play its original role of handling simple criminal cases rapidly in the present. Under these circumstances it is well timed to examine whether it is necessary and proper to introduce plea-bargaining into summary procedure or not to make it function according with its purpose. This paper is based on such a recognition. Some following subjects are treated here. First, this paper mentions the fundamental values which plea-bargaining pursues in criminal procedure. Second, it explains some examples of foreign countries and checks its characteristics and implications. Third, it treats the controversy status surrounding plea-bargaining in Korea. Fourth, based on such a discussion it reviews whether it is necessary and proper to introduce plea-bargaining into summary procedure or not. My answer as a result of review is that it's not. Introducing plea-bargaining is a short solution in the viewpoint of our situations and conditions. Thus, I think that it is desirable for the present to associate the debate on plea-bargaining with the other discussions on the improvement of criminal justice.
키워드열기/닫기 버튼
plea-bargaining, summary procedure, simple cases, efficiency of criminal justice, criminal procedure
