현 시기 검찰,경찰 수사권조정의 원칙과 방향 -형사소송법 제195조, 제196조의 개정을 중심으로-

Abstract

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...