As many other countries, We have ‘presentence investigation system’ in Korean criminal justice system. But, in comparison with other country’s system like America or England, our system is imperfect. That is to say, our presentence investigation system is legally applied only to juvenile criminals. In addition, though Korean probation and parole office have the power of presentence investigation, this power is not effectively used. So, legally, adult criminals have been sentenced in a court without presentence investigation process. And consequently, their mental disorder, home background, social environment, the cause of crime and so on are not precisely considered in a court. So, such sentencing have some problems that is unscientific, regimental, and none effective to criminal’s treatment and rehabilitation. Fortunately, Presidential Committee on Judicial Reform has made a law about presentence investigation, but this law also have many problems. That is to say, this law rules the subject of presentence investigation dualistically - court official and probation officer. Such system is not discovered in any other country, and this may cause chaos of presentence investigation process and may result in the squandering of national budget. So, this article indicate the importance of complete presentence investigation system and that we should made a law of presentence investigation system more systematically and unitarily.

The report of Presentence Investigation, usually conducted by a probation officer has several functions in judicial and correctional administration. Its main purpose is to serve the court in determining the sentence. The report also serves to aid the probation officer in supervision efforts during probation, parole, and supervised release Presentence Investigation System was originally developed in United States in which the court ordered the probation officer to investigate the information about the history and characteristics of the defendant. In 1988, the Presentence Investigation in the Probation Act in Korea, has been enforced only for the juvenile crime court. We now have to consider to introduce the Presentence Investigation system for all crime in other to assist the judge to determine the appropriate sentence. This Problem deals with the problems of our criminal procedure and the solution when we enact the Presentence Investigation system in our criminal procedure. Both the Judiciary and the Ministry of Justice should study to introduce the Presentence Investigation system for the people's equal right to have the proper sentencing in the criminal procedure.