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수사지휘권의 귀속에 관한 연혁적 고찰 (2) -초기 법규정의 정비를 중심으로- : An Historical Study on the Competence of Criminal Investigation between Police and Prosecution(2)
DC Field | Value | Language |
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dc.contributor.author | 신동운 | - |
dc.date.accessioned | 2009-09-09T04:25:49Z | - |
dc.date.available | 2009-09-09T04:25:49Z | - |
dc.date.issued | 2001 | - |
dc.identifier.citation | 법학, Vol.42 No.2, pp. 238-282 | - |
dc.identifier.issn | 1598-222X | - |
dc.identifier.uri | http://lawi.snu.ac.kr/ | - |
dc.identifier.uri | https://hdl.handle.net/10371/9037 | - |
dc.description.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... | - |
dc.language.iso | ko | - |
dc.publisher | 서울대학교 법학연구소 | - |
dc.subject | 미군정 말기 검찰 | - |
dc.subject | 수사지휘권확보의 요청 | - |
dc.subject | 군정법령 제176호 | - |
dc.subject | 미군정법령 제180호 | - |
dc.title | 수사지휘권의 귀속에 관한 연혁적 고찰 (2) -초기 법규정의 정비를 중심으로- | - |
dc.title.alternative | An Historical Study on the Competence of Criminal Investigation between Police and Prosecution(2) | - |
dc.type | SNU Journal | - |
dc.contributor.AlternativeAuthor | Sin, Dong Un | - |
dc.citation.journaltitle | 법학 | - |
dc.citation.endpage | 282 | - |
dc.citation.number | 2 | - |
dc.citation.pages | 238-282 | - |
dc.citation.startpage | 238 | - |
dc.citation.volume | 42 | - |
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