최근 한국의 정치부패에 대한 검찰과 특검의 도전 -그 성과와 한계-
Challenging Political Corruption in Korea -The Conflicting Role between the Public Prosecution and the Independent Counsel-

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서울대학교 법학연구소
법학, Vol.45 No.3, pp. 332-351
권력의 도구권위주의 형사법을 넘어서검찰의 정치적 중립대통령(노무현)에 대한 탄핵소추안 요지대선자금수사
Which agency is most responsible for controlling political corruption? Of

course, the public prosecution office has played the central role in the

investigation and prosecution of political corruption. However, the public

prosecution was often blamed for its political unfairness which functioned as a

kind of political tools for repressing the opposition parties or the opposing social

groups. The newly elected President Roh Moo Hyun which had conflicted with

the public prosecution in the process of his political ascent declared that his

government break with the political use of the public prosecution. Under the new

government, the public prosecution, with more autonomy, began to investigate the

grand scale of secret fund by the chaebol companies, and its range of

investigation finally reach the illegal fund for the presidential election in 2002.

The amount of political funds raised a storm of popular indignation. The

president was under the prosecution for impeachment by the National Assembly,

and the opposition party to whom political fund of more than 10 times was

given was greatly defeated at the general election in April 2004. The Central

Investigation Section under the Supreme Public Prosecution Office became a

focus of media. But, its role would be diminished after its function would be redelegated

into the Special Section under the District Public Prosecution Office.

The Independent Counsel in Korea means a Special Prosecutor, by a special

Act, designated for the investigation of a specific political corruption. Despite the

strong reluctance from the ruling party, there have been established four special...
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 45, Number 1/4 (2004)
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