검경 수사권조정 개정안의 주요 내용에 대한 비교 분석 및 대안

Abstract

As Moon Jae-in government enters, discussions on prosecution reform are hot every day, centering on the Special Committee on Judicial Reform. The key is the separation of investigative and prosecution rights (excluding the right to conduct investigations) and the establishment of a high-ranking public official crime investigation agency to control the powerful power of the prosecution. The issue of reforming the prosecution has long been constantly raised as part of judicial reform or in conjunction with the issue of coordinating the prosecution and police investigation rights, and now it has become recognized as the first task for national reform, which can no longer be postponed in the name of liquidation. In the National Assembly, many lawmakers have initiated amendments to the Criminal Procedure Law to coordinate the prosecution and police investigation rights. However, academic circles point out that, compared to the prosecutors of other countries (continental law) they are conducting direct investigations (cognitive investigations) while holding their own investigative staff as a major problem of the Korean prosecutors. However, given the fact that the prosecution and police investigation rights are discussed as regular menus of reform whenever the regime changes, it is time to seriously consider the establishment of the National Investigation Agency as a compromise alternative. However, as with the amendment of the other criminal procedure law, the National Investigative Agency Act, which was initiated by the lawmaker Kwak Sang-do, is also based on the abolition of the investigation command of the prosecutor. If the new National Bureau of Investigation is necessary, reform will be made in order to restore the recovery of the prosecutor’s (junior) judicial character through the separation of the investigation and the investigation command, rather than the separation of the investigation and the prosecution. In other words, the investigation agency (the National Investigation Agency and the Local Investigation Agency) should be given the right to investigate (the responsibility of the investigation is also to be carried out by the investigation agency), and if the investigation is denied by the National Prosecutors’ Office and the District Prosecutors’ Office, the court will be subject to the trial without delay. It will have to be changed. However, it is necessary to reconsider once again what was the starting point of the prosecution reform. This is because the problem caused by the direct investigation of the prosecution, which has lost political neutrality, can not be solved by handing over the criminal processing system of more than 98% of the criminal affairs cases that have been well implemented without any problems.