Part 1: Introduction

Chapter 1: Fundamentals of Criminal Procedure
Chapter 2: The Idea of ​​Criminal Procedure
Chapter 3 Structure of Criminal Procedure

Part 2. Litigants and Litigation Activities

Chapter 1 Subjects of the Litigation
Chapter 2 Litigation Procedures and Litigation Acts

Part 3: Investigation and Filing of Public Prosecutions

Chapter 1 Investigation
Chapter 2 Filing of a Public Prosecution

Part 4 Public Trial

Chapter 1 Trial Procedure
Chapter 2 Evidence
Chapter 3 Trial

Part 5 Appeals, Emergency Relief Procedures, and Special Procedures

Chapter 1 Appeal
Chapter 2 Emergency Rescue Procedures
Chapter 3 Special Procedures

Part 6: Execution of Trials, Criminal Compensation, and Restoration of Honor

Chapter 1 Enforcement of Judgment
Chapter 2 Criminal Compensation and Restoration of Honor

Part 7: Citizen Participation Trial

preface

Following the impeachment of the president and the sudden presidential election that ushered in the new Lee Jae-myung administration, the "Four Major Prosecutorial Reform Bills" were proposed, which would abolish the Prosecutor's Office and completely separate investigation and prosecution, and discussions on them are progressing rapidly.
The scope of prosecutors' right to initiate investigations has already been greatly limited due to the two rounds of 'adjustment of the prosecution and police investigative powers' under the Moon Jae-in administration, and now they have entered the process of 'eliminating the prosecution's right to investigate' by completely banning investigations. This may be the result of the 'judicial risk' issue for the current president at a time when distrust in the prosecution's investigations continues to build, and the martial law declaration disturbance that is utterly incomprehensible to the first former president who was a prosecutor.
However, it would be impossible to completely exclude the investigative role of prosecutors, who are granted the right to request warrants under the Constitution, and in order to properly establish the separation of investigation and prosecution and maintain a proper criminal justice system, prosecutors should have the right to supervise investigative agencies such as the police who are directly in charge of investigations, as well as the right to conduct supplementary investigations on cases forwarded to them.

The purpose of this book, which was designed to facilitate efficient study by organizing the theory and case law of criminal procedure into a single volume, remains unchanged, and we will continue to strive to make it even more coherent in the future.


In this 11th edition, first, the content has been changed or insufficient parts have been added in accordance with legislation or precedents in areas such as the relevance of the case in the case of compulsory disposition of remnants, execution of warrants, seizure and search of electronic information, recording and listening to conversations, recognition of the identity of the facts of the indictment, the procedure for initiating evidence examination, the scope of application of the rule of exclusion of illegally obtained evidence, the theory of negligence by a single witness and its exceptions, and the evidentiary ability of undisclosed recordings of conversations between others.
Second, we added not only the revisions to the Criminal Procedure Act and other related laws up to July 2025, but also important Supreme Court precedents and Constitutional Court decisions. We also updated various statistics and media reports from the Judicial Yearbook and Legal Yearbook to the most recent data, whenever possible.


I would like to express my sincere gratitude to President Kim Jung-yong, Director Sim Seong-bo, and Manager Kim In-sook of Jeongdok for their dedicated efforts in revising this 11th edition. I hope this book will be helpful in studying criminal procedure law and continue to be loved.


August 2025
Lee Chang-Hyeon, Law School, Hankuk University of Foreign Studies