사법방해죄 도입에 대한 고찰

Abstract

The beginning that the `Obstruction of Justice` in the United States is commonly known to Korea is through the impeachment of former president W. J. Clinton in 1998. The `Obstruction of Justice` in the federal law of the United States is comprehensively provided with a general and a particular rule laying emphasis on the obstruction of legal judiciary proceedings. But, according to the Korean Criminal Act and court decisions, there are no such system like the `Obstruction of Justice` in the United States. In this result, in terms of the criminal-judicial system, some cases even telling a lies has more benefits than revealing the truth and it is discouraged to cooperate the achievement of judicial justice, which make difficulties in investigation and realizing real truth. For this reason, the Ministry of Justice in Korea makes efforts to introduce the `Obstruction of Justice`. Nevertheless we should examine from all angles that the introduction of `Obstruction of Justice` is indeed the alternative in our circumstances. Most of the discussions on the introduction of `Obstruction of Justice` and also the revised bill of the Ministry of Justice are questions of `False Statement of Suspect and Witness` for investigation of investigative agency, rather than for the introduction of a general rule on the `Obstruction of Justice`. The introduction of `False Statement of Suspect and Witness` for investigation of investigative agency needs to consider concern about human rights infringement and witness protection system should be reinforced in the first place. In other words, the introduction of `False Statement of Suspect and Witness` for investigation process of investigative agency is undesirable now.