This study compared the Korean criminal investigation system with other countries to analyze its problems and provide innovative solutions to them.Firstly, this study examined the current criminal investigation system undertaken by the police and pros...
This study compared the Korean criminal investigation system with other countries to analyze its problems and provide innovative solutions to them.Firstly, this study examined the current criminal investigation system undertaken by the police and prosecutors. It also looked into a variety of literatures with regard to the criminal investigation power, including the recent discussions on the settlement of the investigation power between the police and prosecutors.In addition, the trends of the criminal investigation systems of advanced countries through a complete analysis of their legislative examples were explored. Those countries include France and Germany that followed the Continental legal system, UK and the US with the British-American legal system, and Japan that adopted a compromised legal system.The study pointed out the problems of our criminal investigation system in terms of 'the centralization of criminal investigation power on prosecutors', and 'the dual investigation structure'. Furthermore, 'task distribution for the efficient investigation system' and 'accordance between the actual investigation activities and law' were recommended as innovative solutions benchmarked from the investigation system of the advanced countries discussed above.In particular, it was emphasized that investigation surroundings had been improved a great deal more than they were in the past through the strenuous efforts made by the police to enhance investigation capacities and to protect human rights.Lastly, it was also stressed that the reformation of the criminal investigation system was integral in materializing the constitutional value of the protection of human rights through 'check and balance', and the contemporary value of the development through 'decentralization and autonomy'.