수사지휘권의 귀속에 관한 연혁적 고찰 (2) -초기 법규정의 정비를 중심으로-
An Historical Study on the Competence of Criminal Investigation between Police and Prosecution(2)

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서울대학교 법학연구소
법학, Vol.42 No2 pp.238-282
미군정 말기 검찰수사지휘권확보의 요청군정법령 제176호미군정법령 제180호
This article deals with the historical back grounds of relationship between
the Police and the Prosecution which is regulated by the Korean Criminal
Procedure Act. In Korea, a prosecutor is authorized to give an order to a
police detective during the criminal investigation. The Korean police wants to
alter this relationship between the Police and the Prosecution. On the other
hand, the Korean prosecution does not want to change the relationship where
the prosecutor has more authorities.
Police-prosecution relation is a hot issue in the field of Korean criminal
procedure. But the discussion stays mainly on the theoretical debates, pro or
contra relation. This paper is in the pursuit of the historical back grounds that
have led to the current relationship. In order to analyse the historical back
grounds, the author studies the relationship between the Police and the
Prosecution during the Japanese occupational period (1910-1945), the US
military government period (1945-1948) and the early stage of Republic of
Korea (1948-1954).
The Police-prosecution relationship was built on the model of civil law
system during the Japanese occupational period. But the US military
government changed the relationship in favor of Police, which meant the
independent police investigation. The Korean lawyers did not accept the
American model and built the relationship in favor of Prosecution after the
Republic of Korea was established. The main reason for this change lied in...
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 42, Number 1/4 (2001)
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