韓美 公訴時效制度 比較硏究

• 영문명: A Comparative Analysis of Criminal Limitation System between Korea and the United States
• 발행기관: 경희법학연구소
• 저자명: 구상진(Koo, Sang-Jin)
• 간행물 정보: 『경희법학』제42권 제2호, 93~120쪽, 전체 28쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2007.06.30

영문 초록

A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. In civil law systems including Korea, similar provisions are often known as periods of prescription or prescriptive periods. Debates have been intensifying in Korea whether a criminal legislation suspending or excluding statute of limitation could be possible. Such debates include some relevant international treaties made in the Second World War or in the termination process of Yugoslavian civil war or the concerned legislation in the United States. This Article introduces briefly the People v. Frazer case and the Stogner v. California case, and explains the differences in respect of the statute of limitations between Korean and American legislations, although it points out that the fundamental rationales of recognizing the statutes of limitations have in common between the two countries legislations, e.g., the necessity for protecting changed circumstances of criminals or the affirmative consideration of administration of criminal justice and its efficiency. Finally, this Article argues that we need to be prudent in introducing such an American style, whilst the American style legislation has strength in their practical flexibility.

목차

Ⅰ. 序

Ⅱ. 公訴時效制度의 根據

Ⅲ. 公訴時效期間

Ⅳ. 公訴時效의 起算點 및 停止와 延長

Ⅴ. 公訴時效에 관한 遡及立法의 制限

Ⅵ. 結 語

키워드

공소시효 공소시효기간 공소시효정지 소급효 소급입법 프레이저 사건 스토그너 사건 Statute of limitations period of criminal limitation suspension of limitation period retroactive effect ex post facto People v. Frazer Stogner v. California