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현 시기 검찰,경찰 수사권조정의 원칙과 방향 -형사소송법 제195조, 제196조의 개정을 중심으로- : Reallocation of the Investigatory Power between Prosecutors and Police Officers -Principles and Direction-
DC Field | Value | Language |
---|---|---|
dc.contributor.author | 조국 | - |
dc.date.accessioned | 2009-09-28T03:21:28Z | - |
dc.date.available | 2009-09-28T03:21:28Z | - |
dc.date.issued | 2005 | - |
dc.identifier.citation | 법학, Vol.46 No.4, pp. 219-241 | - |
dc.identifier.issn | 1598-222X | - |
dc.identifier.uri | http://lawi.snu.ac.kr/ | - |
dc.identifier.uri | https://hdl.handle.net/10371/9924 | - |
dc.description.abstract | Since the Criminal Procedure Code was enacted in 1954, prosecutors have
enjoyed their superior position to police officers because the former is given legal authority to direct and supervise crime investigations carried by the latter. The Legislature intended to give prosecutors control over police officers most of whom served for the Japanese colonial rule, hardly with the respect toward human rights. The police under the authoritarian regime were criticized for illegal misconduct and corruption, and they had obviously weak ground to argue for their independency in crime investigations of prosecutors' control. As a result, the prosecutors' supremacy over police officers has been maintained after democratization as well. Recently, however, prosecutors have become a major target of criticism that they have abused their authority and discretion both in investigation and in prosecution especially in high-profiled political corruption cases, as has incurred public distrust in them. On the other hand, the police since democratization have attempted to get autonomy in investigating crimes, arguing they have achieved the reform of their investigatory system. This article first briefly reviews the recent discussion between the Prosecutor's Office and the National Police Agency. It then examines the principles reallocating the investigatory power between the two law enforcement authorities. It maintains the reallocation should be done following the principle of check-and-balance and considering the effect of the newly-established jury trial... | - |
dc.description.sponsorship | 이 논문은 2005년 4월 11일 개최된 검․경수사권조정자문위원회 주최 수사권조정을
위한 공청회에서 필자가 발표한 글을 보완한 것이며, 서울대학교 법학발전재단 출연 법학연구소 기금의 2005학년도 연구지원비의 보조를 받았음. | - |
dc.language.iso | ko | - |
dc.publisher | 서울대학교 법학연구소 | - |
dc.subject | investigatory power | - |
dc.subject | autonomy of police investigation | - |
dc.subject | crime investigation | - |
dc.title | 현 시기 검찰,경찰 수사권조정의 원칙과 방향 -형사소송법 제195조, 제196조의 개정을 중심으로- | - |
dc.title.alternative | Reallocation of the Investigatory Power between Prosecutors and Police Officers -Principles and Direction- | - |
dc.type | SNU Journal | - |
dc.contributor.AlternativeAuthor | Cho, Kuk | - |
dc.citation.journaltitle | 법학 | - |
dc.citation.endpage | 241 | - |
dc.citation.number | 4 | - |
dc.citation.pages | 219-241 | - |
dc.citation.startpage | 219 | - |
dc.citation.volume | 46 | - |
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