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초록
In practical situations, there are some cases where a person surrenders himself/herself to the police and justice organizations with the purpose of concealing the real offender for various reasons. After the public trial, the convicted person later reveals this and demands retrial. Because for a court to make a wrong decision and to let an innocent person get to be punished is not only a irreparable violation of an innocent person's right, but also tarnishes the credibility of a court, there is a need to systematically deal with a disguised surrender. If a disguised surrender is discovered in a criminal investigation process, it is enough to mark him/her as 'free from suspicion', to make a disposition not to institute a public action, and punish him/her for the crime of harboring a real offender; only an exceptional cases, the crime of obstruction of justice could be applied. Further, if a disguised surrender is discovered during a public trial, a prosecutor can cancel criminal action and induce decision of dismissal of the case or plead for the innocence of a defendant. Needless to say, in this case, a prosecutor can institute a public action as for the crime of harboring a real criminal. The real problem occurs when a disguised surrender is discovered after the confirmation of a court's decision, in which case, considering the essence of retrial system of criminal justice that aims for the realization of justice based on truth, we must allow the retrial of the defendant regardless of the interested party's imputation reasons. It is thought that the most desirable method to respond to the disguised surrender is to charge the disguised surrenderer with the crime of harboring a real offender for his/her action which prevents the punishment of the real offender.