수사지휘권의 귀속에 관한 연혁적 고찰 (2) -초기 법규정의 정비를 중심으로-

Abstract

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...