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Establishing the Human Rights-oriented Criminal Justice System: Focused on the Reinforcement of Procedural Guarantees for Foreigners
November 01, 2018


According to the philosophy of universal human rights recognized in international law, even foreigners naturally have right to enjoy human rights. The principle of due process is not only for the local residents but also for the foreigners. The criminal procedure related with the criminal punishment emphasizes on the principle of due process. In this respect, it is necessary to have observation about the due process for foreigners including the strengthening the guarantee of Human Right. Sometimes the criminal proceedings against foreigners in some country can show some of the principles of human rights and due process, the law enforcement agencies may also be exposed to be in the process of applying criminal procedures against foreigners. Foreign nationals, regardless of their nationality, are often minority in the country and are often subject to unreasonable discrimination in comparison to their citizens. Even if foreigners are criminals, the law applying to foreigners is necessary to be in line with the principles of human rights and due process for foreigners. There may always be a possibility that discriminate against foreigners by the law enforcement agency. In this regard, in order to confirm whether criminal proceedings against foreigners are conducted in accordance with the principles of human rights and due process of foreigners, it is necessary to examine the propriety of the criminal procedure related to foreigners including the legal application and implementation of law including the law enforcement. As the number of foreigners staying in Korea increases, the number of foreigners' crimes has also increased, and many studies have been carried out in Korea for dealing with the actual situation of foreigners' crimes and countermeasures against foreigners' crimes. However, there are relatively few studies on whether criminal proceedings against foreigners properly show the situations of the human rights and due process for foreigners. It should be taken it for granted that foreigners also have human rights, furthermore criminal procedures against foreigners should be reformed in accordance with the principles of due process. In the situation where the number of foreign nationals entering the country and the number of foreigners staying in Korea are continuously increasing, the criminal procedure against foreigners is also to be in harmony with the legitimacy of law. It is also necessary to promote the social integration of foreigners by eliminating the unreasonable discrimination against foreigners in the criminal procedure. At present, Korea faces the change of population and the industrial structure including the increasing foreigners, it is a important task to create a new social environment and embracing legal conditions related with the guarantee of human right, in that foreigners and local residents understand and respect each other for mutual cooperation without discrimination. In the subsequent study, the measures of the specific improvement in the legal system and alternatives should be sought by focusing on the problems and issues presented in this preliminary study.

Daekeun Kim

Public Safety and Crime Prevention, Criminal Justice Reform

Research Fellow

Daekeun Kim's picture

Research Interest (Major)

Jurisprudence, Criminal Law and Criminal Procedure, White-Collar Crime, Immigration and Refugee, Penal Law

Education/Professional Experience

2010 Korea University, Ph.D.

2003 Korea University, Master of Laws

1996 Korea University, Bachelor of Laws

Report List

Risk-Governing Criminal Law and Criminology in the Late-Modern Society(Ⅰ) - Risk Management Criminal Policy in Advanced Science and Technology Society

A Preliminary Study on the Integration of Criminal Justice for the Unification Era - Current Status of the Criminal Justice System in North Korea

Directions and Implications of Korean Criminal Legislation: Current Status Analysis and Future Suggestions

Prosecutor's Role at Trial: Examiniation of a Witness and Sentence Hearing

Reforming Custody Regulations Regarding Human Rights Protection for Refugees

Elements Violating the Act on the Protection and Others of Temporary Agency Workers: Classifying the Standard of Temporary and Contract Work

New Methods of Financial Fraud and Policy Response: Cyber-Financial Fraud Utilizing Technology

Refugee Status Assessment Policy and Measures for Improvement

Study on Level of Legality Awareness of North Korean Immigrants and Improving Their Law-Abiding Attitude

Analysis of Korean Criminal Justice System and its Management (Ⅲ): Diagnosis on Investigative Structure and Elements for Improvement

The Adoption of Public Defender in the Korean Criminal Justice System

Establishing the Human Rights-oriented Criminal Justice System: Focused on the Reinforcement of Procedural Guarantees for Foreigners

Establishing the Criminal Justice System on Traumatized Victims

The Living Conditions and Characteristics of Prisoners on Death Row

Law and Economics of Crime and Criminal Justice Policy in Korea(Ⅱ): Major Ideologies, Requirements and Principles Under Criminal Law

Limitations and Improvement of Penalties under the Capital Markets Act

Current States and Reforms of Criminal Sanction against Dishonored Check

A Criminal Policy for Enhancement of Human Rights in Immigration Act

Reform and Alternative Penalties for the Abolishment of the Death Penalty

Problems and Improvement Measures for the 19th Overseas Election of National Assembly Members

Kyoungchan Kim

Transnational Organized Crime, Criminal Law&Policy

Research Fellow

Kyoungchan Kim's picture

Research Interest (Major)

Criminal Law & Criminal Procedure, Chinese Law, Swedish Law

Education/Professional Experience

2011 Korea University, Ph.D.

2005 Korea University, Master of Laws

1997 Korea University, Bachelor of Laws

2018 Visiting Scholar, The Scandinavian Institute for Policy Studies, Sweden

2017 Guest Researcher, The Research Center on International Cooperation Reagarding Persons Sought for Corruption and Asset Recovery in G20 Member State, China.

2011 Research Professor, Institute of Legal Studies, Kangwon University. Korea

2009 Advanced Training in Law School of Ji-Lin University. China

2008 Lecturer, Law school of Korea University. Korea

2005 Lecturer, Law school of Catholic University of Korea. Korea

Report List

China's Judicial Reform and its Implications

Comparative Study on Korea and China's Judicial Policy Response to Crimes of Counterfeit Medicines

North Korean Criminal Law

China's Secret Trade Infringement Cases and Countermeasures

Comparative Study on Criminal Justice Policy in Korean and China: Anti-Corruption Policy

The Structure, Mechanism, and Trends of Corruption in Korea (Ⅱ)

Examining Involuntary Deportation Policies of Foreign Countries: China, Philippines, and Indonesia

Comprehensive Evaluation of Human Rights Protection Competency of Criminal Justice Agencies (Ⅰ): Focused on the Prosecution and the Police's Human Rights Protection Compentency

Establishing the Human Rights-oriented Criminal Justice System: Focused on the Reinforcement of Procedural Guarantees for Foreigners

Comprehensive Policy for Developing Scientific Criminal Investigation and Forensic Science(Ⅱ)

Annual Report on UN Activities & International Cooperation 2013

Trend and Countermeasures of Drug-Related Crimes and Voice Phisings among Koreans in Northeast China

Aggressive Driving and Road Rage in Korea

Korean Institute of Criminology Official Video - image

Korean Institute of Criminology Official Video

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