사법경찰과 검사의 수사권에 대한 연혁적 연구 - 구한말, 일제식민지 시대, 미군정기를 중심으로 -

Abstract

Our investigation structure has the system of starting and having the investigation with the lead of prosecutors and support of judicial police. The purpose of this structure was to prevent human rights violation that could be easily occurred during investigation by investigating with the lead of legally proficient prosecutor and many judicial police serve as prosecutor's hands and feet. Currently there are many arguments over the interrelationship between prosecutors and judicial police relative to investigation rights ; however, the reason that there is no settling point is that these argumernts have equal weights in terms of their reasoning as these arguments were done theoretically up to this point. As a solution, it is very significant to look into how these investigation rights of judicial police and prosecutor have formed and transformed throughout the history by distinguishing into the period at the end of Chosun dynasty, period at the Japanese colonial era, and period under US military government in Korea. This research could provide an in-depth suggestion for establishing the right relationship between judicial police and prosecutor as well as the proper reform of investigation structure with theoretical review and historic thoughts. Historically, the role of judicial police was part of essential roles of police in the Continental law system and Anglo-American law system. This also applies to judicial police of Republic of Korea as they mostly take in charge of current investigation of our country. Therefore, judicial police should not be undervalued as an assistant of prosecutors, and they should have their independent values. This could certainly lead to attaining judicial justice by achieving intact power separation, principle of rivalry, and citizen's human rights protection. In that regard, judicial police and prosecutors should not ignorantly compete for investigation rights, and rather they should focus on what is right by judicial police following the prosecutor's ‘principle of judicial control over roles of investigation' during investigation, and prosecutors focusing on ‘judicial control and supervisory control' by reviewing their former duty custom. As these two organizations recognize the big principle of upright crimnal justice as well as to understand their each roles and positions for the same goal, then the judicial police will stand up rights.