수사-기소의 분리와 검찰개혁

• 영문명: Separation of Investigation and Prosecution as a Reformative measure of the Korean Prosecution Service
• 발행기관: 한국형사정책학회
• 저자명: 이성기(Lee Seong Ki)
• 간행물 정보: 『형사정책』刑事政策 第29卷 第1號, 145~173쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.04.30

영문 초록

This article discusses current controversial issues on how to reform Korean prosecution service. The reform of prosecutorial power has been a national agenda after it has been revealed that the corruption scandal of the former President Park Geun-hye was covered up by the Korean prosecution service. The Korean prosecutors has monopolized the investigation and prosecution power; Korean judicial police officers who are not legally able to end criminal cases on their own should send all the cases to the public prosecutor’s office; Korean judicial police officers must request search and seizure warrants only through prosecutors; judicial police officers are ordered by the public prosecutors to do what prosecutors think necessary. As a result, the concentrated prosecutorial power has led to human-rights abuse, corruption, and political prosecutors. This article, through a research on investigation-prosecution models, analyzes prosecutorial functions in England and Wales, the United States, Germany, and Japan. The results show that the Korean public prosecutors are endorsed too much investigation power which is checked by no other judicial authorities. Based on the research, this article, in a way to reform the Korean prosecution system, suggests that the public prosecutors should not investigate, and concentrate only on prosecutorial function. Finally, this article provides some recommendations on how to control investigation by judicial police officers.

목차

Ⅰ. 시작하는 글

Ⅱ. 수사-기소 모델에 관한 국내의 논의와 비교법적 검토

Ⅲ. 우리 형사사법절차에서 수사-기소의 분리의 필요성

Ⅳ. 적합한 수사-기소 분리 모델과 수사통제

Ⅴ. 마치는 글

참고문헌

키워드

검사 수사 기소 수사권 검찰개혁 Prosecutor Investigation Prosecution Investigation Power Prosecution Reform