S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) 법학 법학 Volume 46, Number 1/4 (2005)
현 시기 검찰,경찰 수사권조정의 원칙과 방향 -형사소송법 제195조, 제196조의 개정을 중심으로-
Reallocation of the Investigatory Power between Prosecutors and Police Officers -Principles and Direction-
- Issue Date
- 서울대학교 법학연구소
- 법학, Vol.46 No.4, pp. 219-241
- Since the Criminal Procedure Code was enacted in 1954, prosecutors have
enjoyed their superior position to police officers because the former is given
legal authority to direct and supervise crime investigations carried by the latter.
The Legislature intended to give prosecutors control over police officers most of
whom served for the Japanese colonial rule, hardly with the respect toward
human rights. The police under the authoritarian regime were criticized for illegal
misconduct and corruption, and they had obviously weak ground to argue for
their independency in crime investigations of prosecutors' control. As a result, the
prosecutors' supremacy over police officers has been maintained after
democratization as well.
Recently, however, prosecutors have become a major target of criticism that
they have abused their authority and discretion both in investigation and in
prosecution especially in high-profiled political corruption cases, as has incurred
public distrust in them. On the other hand, the police since democratization have
attempted to get autonomy in investigating crimes, arguing they have achieved
the reform of their investigatory system.
This article first briefly reviews the recent discussion between the Prosecutor's
Office and the National Police Agency. It then examines the principles
reallocating the investigatory power between the two law enforcement authorities.
It maintains the reallocation should be done following the principle of
check-and-balance and considering the effect of the newly-established jury trial...