형사실무상 전속고발권 폐지 필요성에 관한 연구

• 영문명: A Study on the Necessity of Abolition of Exclusive Accusation Rights in Criminal Practice - Focusing on Tax offense case -
• 발행기관: 충북대학교 법학연구소
• 저자명: 박재평(Park, Jae-Pyoung)
• 간행물 정보: 『법학연구』第33卷 第2號, 143~168쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2022.12.30

영문 초록

The accusation is a clue to the investigation, but in some criminal cases, the accusation is a condition of the lawsuit. Such is the case with the complaint system of the Fair Trade Commission and the complaint system of the National Tax Service. Since the recent inauguration of the new government, discussions on drastically revamping or abolishing the exclusive complaint system of administrative agencies have been in full swing. It seems that the time has come to think about whether to abolish or supplement the exclusive complaint system of the head of the National Tax Service. In the meantime, the exclusive complaint system of the head of the National Tax Service has been exercised abnormally. There are few foreign legislative precedents with an exclusive complaint system. In the field of taxation, there must be criminal justice. Rather, if the existence of the exclusive complaint system gives preferential treatment unlike ordinary criminals, the exclusive complaint system should be abolished. If the abolition of the exclusive accusation system is too radical, a reform plan that can harmonize with the right to investigate can also be considered. The requirements of the current mandatory complaint system are ambiguous and require revision. Instead, it specifies the case on which a charge must be filed on a formal basis (eg, a case for which a warrant has been requested or issued).

목차

Ⅰ. 서 론

Ⅱ. 전속고발제도

Ⅲ. 형사실무상 전속고발권 운용현황과 폐해

Ⅳ. 전속고발권 폐지 반대 주장과 문제점

Ⅴ. 결론 : 전속고발제도 폐지 또는 대폭 보완 필요

키워드

전속고발권 폐지 수사권 공소제기 국세청 조세 전문성 형사처벌 Exclusive Complaint Right Abolish Investigative Authority Prosecution Accusation The Office of National Tax Administration The Fair Trade Commission Professionalism Criminal Punishment