불송치 결정에 대한 이의신청 개선방안 연구 – 경찰수사관·변호사 대상 전문가 심층 인터뷰를 중심으로

Abstract

Through the process of adjusting investigative authority between the police and prosecution, the police were granted the authority to make a 'non-transfer decision,' which allows them to conclude cases at the police level if they determine that there is insufficient evidence to support the charges. To regulate this authority, Article 245-7 of the Criminal Procedure Act grants complainants the right to file an objection against such decisions. However, since the implementation of the revised Criminal Procedure Act, there has been ongoing debate regarding the adequacy of the objection system as a regulatory measure for non-transfer decisions. Particularly, concerns have been raised about the legal insufficiencies of the current system, where cases are immediately forwarded to the prosecution without any substantive or time limitations once an objection is filed by the complainant. These insufficiencies have been cited as hindering the proper functioning of the appeal process. Consequently, this study was conducted to empirically analyze the practical issues arising from the current objection system against non-transfer decisions. The study involved in-depth interviews with police investigators and lawyers to explore general perceptions of the non-transfer decision system, key factors leading complainants to file objections, and the problems and possible improvements of the objection system. The study identified key issues such as the lack of clarity in the objection procedure, inadequate notification of non-transfer decisions, and the need for enhanced investigator capabilities. Based on these findings, suggestions for improving the legal requirements for objections, enhancing the notification system, and refining the supplementary investigation request system were proposed.