인신보호법의 제정의미와 활용성

• 영문명: Significance and Problematics of Korean Habeas Corpus Relief Act
• 발행기관: 한국형사정책학회
• 저자명: 이호중(Lee, Ho-Joong)
• 간행물 정보: 『형사정책』刑事政策 第21卷 第1號, 291~319쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.06.30

영문 초록

In June 2008, Korean Habeas Corpus Relief Act was established, which provides detainees with the right to pursue a judicial order for protection against illegal deprivation of liberty. Now in Korea the writ of habeas corpus can be used as an independent proceeding to challenge illegal detention. The important characteristics or this law are as following : ① the application may be accepted only on the ground that the cause of detention is unlawful, ② prisoners of criminal cases and immigrants committed for extradition are not entitled to this remedy, and ③ the court order is narrowly limited to release of detainees. Introduction of habeas corpus in Korean judicial system is of great significance for controlling illegal deprivation of liberty and providing instant relief. However, it is doubtable whether this law will function well as an effective remedy against illegal deprivation of liberty. Several points are reviewed and criticized in this paper. It is a serious defect that the law excludes prisoners of criminal cases and immigrant detainees. This is hardly justifiable, because those persons are the most vulnerable to infringement of rights of liberty. Moreover, the habeas corpus relief is now available only to persons who were incarcerated. The scope of habeas corpus should be extended to the persons who are in custody in violation of Constitution and related statutes. And in the scope of relief alternatives it is suggested that the court should be able to choose appropriate measures for the effective relief, such as order to transfer to another institution, order to improve theconditions of custody, as well as release order.

목차

Ⅰ. 서론

Ⅱ. 시설수용의 실태와 인권침해의 문제

Ⅲ. 인신보호법의 적용범위

Ⅳ. 구제청구의 실효성의 문제

Ⅴ. 맺음말

키워드

인신보호법 체포·구속적부심사 인권침해 구금 Habeas corpus Deprivation of liberty Detention