갈등담론의 전환으로 본 경찰과 검찰의 관계

Abstract

police and prosecution investigative agencies has long been heard, inter-agency cooperation and a clear assignment of individual responsibilities has not been forthcoming. While it is generally accepted that the police and prosecution should ultimately operate in cooperation and have their own specific duties without overlapping, the first step towards addressing this issue need not come from a long-delayed change in constitution or legislation, but a practical, working-level gesture of goodwill and cooperation. Such a gesture could be made by each agency regarding the troublesome issue of the transportation of suspects and criminals. Currently, the responsibility for “Transporting persons under investigative agencies” lies with the police, even though investigations are largely headed by the prosecution. Conflicts in communication between the agencies and a lack of detainment facilities on the side of the prosecution have led to delays and several issues in prisoner transportation. This paper proposes that more focus should be placed on the importance of check and balance through cooperative behavior and the clear assignment of individual roles and responsibilities between the police and prosecution. By sharing identical levels of power and authority neither side would be able to make demands of the other, such as has been in the case of prisoner transportation, where the police have been forced to take responsibility by prosecution. Such equality would gradually reduce conflict and antagonization between the agencies, while deeper governmental reform and restructuring continues to be discussed, leading towards a more effective and efficient Korean criminal justice system.