민주적 정당성의 관점에서 본 현행법상 수사권 구조와지휘체계 = The Organization and the System of Commandfor the Power of Investigation From theViewpoint of Democratic Legitimation

다국어 초록 (Multilingual Abstract)

For the Democracy not being written word but substantial norm ruling the real society, it should be understood that the word Democracy be not mere declaration, but have contents which have normative meaning to organize and control the institutions of national power. The Democratic Legitimation means that all power institutions should be legitimated from the people and controlled by the people. Being controlled by the people all executive institutions should be responsible for the Assembly through the Ministers and therefore the Minister have the right to command and supervise the officials. From this point of view, it can be easily understood why the Prosecution Office belong to the Ministry of Justice and the Minister have the right to command and supervise the prosecutors. But because the political influence could be introduced by ministerial command, the Prosecution Office Act has several methods to protect the political neutrality and objectivity of Prosecution, demanding the ministerial command to be made only through the Attorney General, strengthening the responsibility and the awareness of the prosecutors by making them each an government institution, strengthening the responsibility and the awareness of the Chief Prosecutor of Provincial Prosecution Office by making him the original authority. In this system all prosecutors should make persistent efforts to protect the political neutrality and objectivity and the Attorney General has the final responsibility to do it as the Commander of the Prosecution Office and the Commandee of the Minster. From the Democratic Legitimation, the system of the current law in which the judicial police is under the command of prosecutor is the basis of the democratic legitimation of the power of police investigation. Through the prosecutor``s command, the police investigation can be linked to the command of the Minister of Justice, who is responsible to the Assembly for all the investigation activities of the governmental agencies and through it to the people. By this linking the police investigation activities can be legitimated democratically.