고소제도의 운용실태와 개선방안

Abstract

Criminal accusation by criminal victim’s report has performed the function that investigation agencies could realize incidence of crimes. It is also one of the most important privilege to criminal victims in Korea, especially private prosecution to court is not allowed. And it also has been used widely as a method of settlement instead of bringing a civil suit. Problem is its abuse. The recent statistics indicate cleary that the abuse of criminal accusation has become serious. The numbers of criminal accusation have occupied a quarter of total criminal investigation cases. Although the prosecution rate is lower than 20 percent. About 80 percent of accusation cases have been dismissed by investigation agencies. There have been many studies focused on this issue including remedies. Some of the remedies had already been adopted at the field of investigation. But criminal accusation abuse is still remained a serious problem not solved. The purpose of this paper is to review the realities and problems of criminal accusation system currently in place in Korea and present alternative approaches as its remedies. In this context, it will be examined the exact statistics and characteristics of criminal accusation, and what kind of problems is existed on the system. And as a conclusion, this paper will be focused on what kinds of remedies need to be made to criminal accusation system of Korea.