IV. Establishing a Foundation for a Better Society
in the Future
1. Criminal Justice System and Human Rights
A. Human Rights Status 2022
Criminal justice system refers to ‘a system of state agencies responsible for the execution
of the state’s right to punish as a specialized national judicial system.’621) Investigation
agencies, such as the police and prosecutors, courts, and correctional institutions (detention
centers, prisons, etc.) are operated through this system. These institutions are important
national institutions in terms of realizing justice for criminal acts prohibited by the Criminal
Act, rescuing victims, and taking charge of punishing and edifying perpetrators, and the
criminal justice system is also considered as an indicator to measure the level of human
rights in a country.
Various human rights issues and discussions arise from various stages of investigation,
criminal trial, correction and detention. As 100 key tasks under the 4th National Human Rights
Plans of Action (NAP), the NHRCK presented the following: clarification of the procedures
for handling the voluntary submission of electronic information storage media in criminal
judicial proceedings; strengthen the right to receive assistance from a lawyer in criminal
proceedings; protection of the weak during the criminal proceedings; establish measures to
prevent abuse of police investigative power; protection of information human rights in judicial
proceedings; and improvement of systems related to the collection and use of biometric
information. These are the main topics that require consideration to improve the Korean
society.
In addition, other topics for consideration in the future are: the need to deal with overall
delays in investigations and trials; the need for appropriate treatment for social minorities,
621) Lee, Young-geun, Study on the functional characteristics of German criminal justice system, 2011.
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