검찰개혁의 관점에서 본 공수처의 발전방향

Abstract

The main strategy for prosecution reform in Korea is to divide and distribute the excessive power of the Supreme Prosecutors' Office (hereinafter “SPO”) to ensure “checks and balances” among the investigation and prosecution organizations. From the perspective of prosecution reform, the Corruption Investigation Office for Highranking Officials (hereinafter “CIO”) is established as an independent prosecution organization, distinct from the SPO. After the introduction of the CIO, the criminal justice system in Korea has transitioned from a single prosecution system to a multiple prosecution system, and the strategy for improving the CIO should now be based on this new “checks and balances” system. Therefore, follow-up legislation after the Act on the Establishment and Operation of the Corruption Investigation Office for High-Ranking Officials (hereinafter “CIO Act”) is needed to achieve prosecution reform and to complete the transition to a multiple prosecution system. In light of prosecution reform, several suggestions are made as conclusions. The main idea is to rebuild the CIO based on the “checks-and-balances model.” According to this model, at first, the CIO should possess both investigative and prosecutorial powers within its jurisdiction. Secondly, the CIO should have investigative and prosecutorial authority commensurate with its size and resources, enabling it to responsibly conduct investigations and prosecute cases. Thirdly, the CIO Act ought to offer equal guarantees of status to CIO prosecutors as those provided to SPO prosecutors. Fourthly, it is necessary to implement subsequent legislation that governs the relationship between SPO, police, and CIO based on their respective “functions” to fully transition to a multiple prosecution system. Finally, to address non-prosecution dispositions, the establishment of crossjurisdictional authority between SPO and CIO is required, wherein each entity holds power over the other, facilitated by a judicial decision.