영국 국립 기소청 설립이후 경찰과 검찰 관계의 변화 연구
A Study on The Change of The Relationship Between the Police and the Prosecutors since CPS(Crown Prosecution Service) establishment in England
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England is referred to as the world paragon of democracy, recently there have been the changes in justice system. In particular, historically because the police had the almost exclusive power of investigations and prosecution, it brought about many problems. Recognizing the problem of the monopolized police power the government established CPS(Crown Prosecution Service) that have the power of prosecution, and it means the functional split of ‘investigation’ and ‘prosecution’. Therefore the change which England tried to reform the criminal justice system in this way is very noteworthy in terms of democracy. This study demonstrates the purpose of the changes that the British government pursued with the reform of criminal justice system. It also describes how the challenge and effort coincide with the democratic principle of checks and balances which the English government pursued through the long history. Specifically, after the establishment CPS has made an effort to secure its position as an independent institution and to perform prosecutional functions properly. Especially the prosecutors' dispatch to police stations in order to provide legal advice and the prosecutors' early intervention from the very start of the prosecution to perform the prosecution more effectively, may draw a global attention. In the context, overall this paper aims to find the lessons that the South Korean criminal justice system has to learn from the British experience by exploring the specific contents of the changes in the innovated justice system in England. It is hoped that South Korea improves the existing system that the Korean prosecutors are enjoying the monopolized powers of investigations and prosecution whereas the Korean police have no even legitimate independent investigative powers, to lose checks and balance crucially required in this democratic country.
Abstract
England is referred to as the world paragon of democracy, recently there have been the changes in justice system. In particular, historically because the police had the almost exclusive power of investigations and prosecution, it brought about many problems. Recognizing the problem of the monopolized police power the government established CPS(Crown Prosecution Service) that have the power of prosecution, and it means the functional split of ‘investigation’ and ‘prosecution’. Therefore the change which England tried to reform the criminal justice system in this way is very noteworthy in terms of democracy. This study demonstrates the purpose of the changes that the British government pursued with the reform of criminal justice system. It also describes how the challenge and effort coincide with the democratic principle of checks and balances which the English government pursued through the long history. Specifically, after the establishment CPS has made an effort to secure its position as an independent institution and to perform prosecutional functions properly. Especially the prosecutors' dispatch to police stations in order to provide legal advice and the prosecutors' early intervention from the very start of the prosecution to perform the prosecution more effectively, may draw a global attention. In the context, overall this paper aims to find the lessons that the South Korean criminal justice system has to learn from the British experience by exploring the specific contents of the changes in the innovated justice system in England. It is hoped that South Korea improves the existing system that the Korean prosecutors are enjoying the monopolized powers of investigations and prosecution whereas the Korean police have no even legitimate independent investigative powers, to lose checks and balance crucially required in this democratic country.
참고문헌 (29)
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