피의자 등 호송제도의 문제점 및 개선방안에 관한 연구

Abstract

The prisoner escort service is one of the most simple affairs in criminal justice system, not requiring legal or expert knowledge. But actually, this prisoner escort service sometimes plays a role as cause of conflict among the criminal justice agencies. In Korea, especially between the public prosecutor's office and police agency, the prisoner escort issue has brought serious confrontations and even developed into legal issues. This is a rare phenomenon that is not seen in other countries The root of this problem lies in the issue of whether to allow the police investigative authority independent of prosecutor's office, which is one of the old issues in criminal justice in Korea. So police's refusal of prisoner escort can't be regarded as the mere problem of escort itself, but it is regarded as the police's expression of long-lasting bad feelings against the prosecution's limitless control authority over the police investigation. To solve this problem, we should define the notion of prisoner escort definitely. We should also acknowledge that the prisoner escort doesn't belong to criminal investigation, because it is not identifying and apprehending the suspected offender, and not collecting the evidence to prove him guilty. It is a mere practical administrative service. Therefore it doesn't belong to the scope of prosecution's control authority over the police investigation. The scope of the prosecution's control authority over the police investigation should be interpreted as severely as possible by the court's decision and commentary. This makes the prosecution's control authority over the police investigation sound, and will have good influence on the prosecutor's office in the long term. Laws and regulations involved with the prisoner escort should be modified and the problem that which agency should take responsibility for the prisoner escort in each case should be clear. That will make arbitrary interpretation reduce. After this every effort is made, the cooperation among criminal justice agencies can be possible.