언론의 범죄보도와 재판의 공정성

Crime Report by Media and Fairness of Trial

This article introduces the analysis of the questionnaire surveys result for judges and prosecutors with respect to crime report by online/offline media in Germany in 2018, and suggests to start related studies and discussions in Korea. This article proposes to investigate whether judges and prosecutors in the criminal procedure of our country are affected by media crime reports, as the subject of the German survey studies “Not only judges but also prosecutors are just human beings” allude. Furthermore, it is suggested to analyze the function of crime reports by media in the criminal procedure, in order to find out whether it can help the judiciary achieve the important goals or functions, such as the resumption of peace, of the criminal process. It is also suggested to identify whether the current status of crime reports in the media should be maintained, whether the balance of interests between individuals and the state(the public) should be sought through the introduction of clear standards or guidelines, and whether the balance between the purpose of criminal lawsuits and the sense of justice in public should be sought. It is hoped that this paper will lead to the start related research in Korea, the judges and the prosecutors will be the owners of the democratic court by rule of law through the scientific analysis of that research, and the press is going to play an important and inherent role for that.