대통령의 재직 중 형사상 불소추규정과 공판기일 추후 지정

초록

The meaning and scope of application of the President's immunity from prosecution under Article 84 of the Constitution are emerging as various issues in the political and academic circles as they are intertwined with the court's later designation of a trial date. There are also various voices regarding whether criminal trials in progress before the inauguration of the president should be suspended until the end of the president's term, and whether crimes committed before performing presidential duties are unrelated to Article 84 of the Constitution. This is because it is necessary to reduce unnecessary debates surrounding the interpretation of Article 84 of the Constitution by clarifying the common premise and perception of various countries regarding the president’s immunity from prosecution, and it is also important and urgent to review whether there is a need to revise the current Constitution and laws to resolve an issue without historical precedent. We also examined whether the later designation of a trial date, which is used as a court practice, is a legitimate court direction of litigation and what detailed supplementary efforts are needed to avoid violating due process clause. In summary, we have reached a conclusion on how the criminal proceedings against a sitting president should proceed in a legal manner within the current legal system.

키워드