고위공직자범죄수사처의 신설에 관한 비판적 고찰

Abstract

Currently, the ruling party and civic-groups are insisting on the establishment of the “High-Ranking Officials’ Corruption Investigation Agency”(hereinafter the “Corruption Investigation Agency”) as an independent investigative agency as part of the prosecution reform. This prosecution reform problem has been constantly raised for a long time as part of judicial reform or in connection with the issue of the right to investigate. However, since the prosecution’s fundamental problem is the question of the behavior of prosecutors who hesitate to investigate the issue of political power in the case of power-related corruption or political events, the reform of prosecution focuses on how to ensure neutrality from political power and the success or failure of the Corruption Investigation Agency depends on it. In the end, the success or failure of a Corruption Investigation Agency is how to function properly as an organization dedicated to corruption crimes while maintaining political neutrality. It is freedom from the personnel officers who break the link between the power administration and the Chief of the Corruption Investigation Agency, It depends on the will of the president. It is true that any Corruption Investigation Agency bill is meaningful as long as it can achieve the “elimination of intervention by the ruling powers such as Cheong Wa Dae”. In the meantime, not only the special inspectors system, the special inspection system, but even the existing prosecution system, the main culprit that broke the function was the ruling power. However, what is the basis for the creation of a Corruption Investigation Agency that has the exclusive right of investigation and prosecution, while insisting that the police should be given the investigation right for the prosecution control and the prosecution should have the indictment only. If the investigation is conducted separately by the corruption investigation agency and prosecutors, it will not only double the investigation rights but also undermine the dynamics of investigation and give the corruption victims a chance to escape. Of course, the prosecution has also publicly acknowledged to the public that the cause of corruption in the prosecution is due to the excessive concentration of authority in the prosecution, and expressed the intention to exercise strictly abstinence from excessive exercise of authority in the future, It is necessary to make a plan to legislate the advancement, abstraction and minimization.