피의자·피고인 신상공개 여부 결정에 대한 불복절차

Abstract

「Act on special cases concerning the punishment of specific violent crimes」 didn’t have no provision on the appeal procedure against decision on the disclosure of suspects identity. According to precedents, the suspect can file an administrative litigation against an identity disclosure decision. This situation is the same under the 「Act on the disclosure of suspect’s identity concerning specific serious crimes」. However, the 「Act on the disclosure of suspects identity concerning specific serious crimes」 expanded the application scope of the institution of disclosure of suspects identity. Therefore, Appeal procedure against decision on the disclosure of suspects identity can be crucial in future. In this light, this article examines problems of the current appeal procedure against decision on the disclosure of suspects identity and suggests improvement methods after comparative law research.
 Disclosure decision of a public prosecutor or a judicial police officer is an administrative disposition of investigative agency during investigation phase. Therefore, it has rationality that the criminal court has jurisdiction over the appeal against an disclosure decision. Furthermore, in order that an determinate judicial ruling can be made quickly quasi-appeal procedure is appropriate for the appeal process against suspect’s identity disclosure decision.