프랑스 사법관의 인사시스템과 그 시사점(2) - 승진심사위원회(Commission d'avancement)를 중심으로 -

Abstract

Prosecutors hold the status of a quasi-judicial body to protect human rights of people and keep justice as the representative of public good and protector of people's human rights. This prosecution power is entrusted in them by the people, which means that they should be independent from political power, not being influenced by any political pressure and unjust internal and external pressure, and exercise their power in a fair and impartial way according to law, justice, and principle, following only the will of the people who have given them the power. It is thus needed to introduce a personnel system for prosecutors to guarantee independence, objectivity, and transparency to guarantee the political neutrality and independence of the prosecution and allow the prosecutors to exercise their power fairly. In France, which introduced the first modern prosecution system and offered the matrix for South Korea's prosecution system, the Supreme Council of Judges and Prosecutors(Conseil supérieur de la magistrature), a constitutional agency whose independence is guaranteed, is responsible for the appointment and disciplinary action of judges and prosecutors(les magistrats) to ensure the independence, objectivity, and transparency of their personnel. Another independent agency called Committee of Promotion(Commission d'avancement) is responsible for their promotion. In addition, there are objective and fair job posting and efficiency rating systems with the direct participation of judges and prosecutors in the personnel procedure guaranteed. The principle of transparency is applied to all the procedures related to personnel. All of these systems are to prevent political power from exercising its unjust influence on the personnel of judges and prosecutors and guarantee their independence so that they will be able to perform their roles right. This study set out to conduct specific research on the French personnel system of judges and prosecutors and review its implications for the South Korean prosecution's “personnel system whose independence, objectivity, and transparency would be guaranteed” to ensure that they would have political neutrality and independence and exercise their power fairly. The study made a bunch of specific proposals including installing an independent personnel body in charge of the appointment, transference, and promotion of prosecutors, ensuring their participation in prosecutors' meetings by the rank and personnel procedures by the rank head, opening their efficiency ratings to the public, guaranteeing them an opportunity to speak their opinions.