1999년 특별검사법의 문제점과 입법적 개선

Abstract

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

in Korea.

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.