모델론적 접근법에 의한 수사·기소권 체계의 개편방안 모색

Abstract

In Korea, the abuse of power by the prosecution has provoked a great deal of controversy. Therefore, the social concern with reform of the prosecution has been growing especially for the last several years. And now, reform of the prosecution, curbing investigation and prosecution power of the prosecution, becomes one of foremost presidential election campaign promise. This article aims to analyze the problems, caused by present investigation and prosecution system, and to suggest its reform measures. For this purpose, a kind of modeling theory research is adopted as a approach method in this article. Through the approach of modeling theory, I would like to explore the reform measure of investigation and prosecution system at a comparative law research point of view. At Part Ⅰ, the relationship between the police and the prosecution of nations of the world are assorted into three type of model. The three model types are assorted as follow : Anglo-American law jurisdiction (model Ⅰ), the Continental law jurisdiction (model Ⅱ), the compromised model (model Ⅲ). And Part Ⅱ critically reviews the rationality of each models, especially focusing on decentralization of investigation and prosecution power. Part Ⅲ concerns the main disputes and discusses some reform issues on the investigation and prosecution structure. Based on the discussion, to improve the criminal justice system, reform measures are suggested in the last part.