변호인의 접견교통권에 대한 연구

초록

Recently, The Constitutional Court recognizes the Right to Interview and Communication With Criminal Suspect of a person who desires to be a defense counsel is a fundamental right guaranteed by the Constitution(2014 Hounma 1204). This is not a legal right, but a constitutional right to raise the right of a person to be a lawyer in order to assure the defendant s advocate for the physical detainee. There is also a limit to the exercise of rights to interview and communication of his/her defense counsel with a criminal suspect. Restrictions on the attorney s such constitutional rights are available only by law or in accordance with statute-based regulations. Yet there is no regulation about that, so there are many problems. In order to thoroughly guarantee the presumption of innocence and the right to a fair trial, it is necessary to make legal regulations in the Criminal Procedure Law, that can restrict the rights when the right is abused. Therefore, the investigating authorities should be allowed to limit the exercise of rights only in exceptional cases according to the regulation. By law, prevention of Infringement of rights is more important than remedial action through litigation.

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