현행 수사구조의 문제점과 개선방안 - 검사의 직접수사범위 및 검경간의 수사협력관계를 둘러싼 논란을 중심으로 - = Problems and Improvement Measures in the Current Investigation Structure - Focusing on the scope of the prosecutor's investigation and the investigative cooperation relationship between the prosecutors and police -

다국어 초록 (Multilingual Abstract)

The key to adjusting investigative authority is setting the scope of investigation and strengthening mutual cooperation between prosecutors and police considering investigative capabilities and expertise. The laws that serve as the basis for adjusting investigative authority are the Criminal Procedure Act and the Prosecutor's Office Act, and detailed rules for their implementation are set in the enforcement decrees of investigation scope and investigation standards. However, the current situation is one that requires harmonious interpretation and supplementation of laws and enforcement decrees. This paper develops its argument focusing on raising problems and improving measures Even after the adjustment of investigative authority in 2021, the risk of dual investigations between the prosecution and the police has not improved. What our people demand from the National Assembly and investigative agencies is efficient redistribution of investigative authority through setting a reasonable scope of investigation and forming an active cooperative relationship. And the principle of checks and balances is hidden in that foundation. From this perspective, this paper presents crimes that do not fit into economic crimes and corruption crimes in the scope of crimes investigated by prosecutors and confirms the need for supplementation. In addition, this paper also emphasized the need to establish reasonable investigation distribution regulations, such as case transfer regulations that take into account the completeness of the investigation after the prosecutor's investigation begins. Meanwhile, in the enforcement decree of investigation standards, the unfairness of the restoration of actual investigative command authority, which was implemented in the name of strengthening investigative cooperation, was confirmed. Accordingly, this paper presents a direction for adjusting the enforcement ordinance in compliance with the Criminal Procedure Act and the Prosecutors' Office Act. And it was proposed to establish a necessary, rather than mandatory, cooperative relationship between the prosecution and the police.
Adjustment of investigative authority between the prosecution and the police still remains incomplete. As the political situation changes, it is highly likely that the confrontation will unfold in a different way. It is time to gather wisdom so that the adjustment of investigative authority does not become a dispute over investigative authority.