불기소처분의 주문 유형에 대한 실무적 고찰

Abstract

The disposition the prosecutor ends the criminal investigation can be divided into prosecution and non-prosecution. And the patterns of text and cause of non-prosecution are prescribed as non-suspicion, non-crime, non-indictment right, stoppage of prosecution, stoppage of witness, dismiss, reservation of prosecution, commitment in the Prosecutor’s case office regulation. The fact that for which cause, which text among the various non-prosecution disposition is given is very important problem to the suspect, indicter and another all people keeping a watch on the disposition. But we Korean think the disposition of non-prosecution not so important, all the patterns of text and cause of non-prosecution except stoppage of prosecution are prescribed in the Prosecutor’s case office regulation not in the Criminal procedure code. And the patterns of text and cause of non-prosecution are not suitable in the point of system on administration of criminal justice, legal principle and suitability on wording. The problem bigins from the forgetfulness of the fact that prosecutor’s disposition of prosecution and non-prosecution must be linked directly to the text of trial, pass the problem on the legal principle about the concept of the ‘prosecution right’ and ‘dismiss’, arrive at the strange expression just like ‘stoppage of prosecution’ or ‘stoppage of witness’ which are not suitable on the general wording. In this article, I point out fully what are unsuitable on the legal principle, the system on administration of criminal justice and general wording in the text of non-prosecution disposition,and make several proposals how to improve those matters. I hope more discussion and investigation for these problems this article refers.