S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) 법학 법학 Volume 41, Number 1/4 (2001)
1999년 특별검사법의 문제점과 입법적 개선
The Special Prosecutor Act of 1999 and Its Problems
- Issue Date
- 서울대학교 법학연구소
- 법학, Vol.41 No.3, pp. 199-228
- I introduced the Special Prosecutor System of the U.S. and suggested my
opinion that this system is very useful and effective in the democratization
of Korea. The Special Prosecutor Act was enacted at the beginning of 1999.
However, it was limited to investigating just two cases: political corruption
involving the Chief prosecutor and a senior prosecutor's role in forcing a
strike by a labor union. This Act lasted for only 6 months.
The aim of this article is to review the problems of this Act and suggest
some ideas for improving the effectiveness of the Special Prosecutor System
The Special Prosecutor System is helpful in solving conflicts of interest,
keeping investigation and prosecution independent from political influence in
prosecuting higher officers, controlling the exercise of power effectively and
carrying out impeachment. The 1999 Special Prosecutor Act has several
problems. The object of the investigation is limited to the above two cases.
The special prosecutor is appointed by the President. The jurisdiction of the
prosecutor is limited. The release of investigative process is prohibited. The
investigation duration and transition is restricted to six months, which is not
sufficient for the special prosecutor to be effective. Against the
non-cooperation of the agency that coordinates and supports the
investigation, the use of force is option. An ordinary prosecutor can
participate in the special prosecutor's investigation.
We need to discuss and solve the above problems. In my opinion, the
American Special Prosecutor System will be useful in the development of
the Korean system. My suggestions for solving these problems are based on
a comparison with the U.S. system.