The Attendance and Testimony Compulsion of the Witness and Application for Witness Examination in the Investigative Stage
* Senior Researcher of K.I.C., Ph.D. in Law
Park, Mi-Suk*
The application for witness examination in the investigative stage has the function as attendance and testimony compulsion of the witness. And partly it functions as the witness protection by way of limiting the defendant's right of presence.
But this provision use little in presence since introduction 1973. In Practice is hotly debated about compelling the witness to attend and testify on the grounds of realization of principles in criminal procedure.
This article deals with how this regulations will be applied to practical uses, how it will function for witness protection, and how it shall be improved for the principle of due process.