수사권 조정 이후 경찰권 행사에 대한 민주적 통제방안 연구 - 경찰위원회 개혁과 경찰옴부즈만 제도 도입을 중심으로 -

Abstract

As the National Assembly passed the “Law to Adjust the Investigation power of the Prosecutors and the Police" on January 13, 2020, the police became a investigation agency with the primary investigative power on all cases. However, the prosecutor's investigation control power has been abolished, and effective democratic control measures have been urgently requested due to concerns over abuse of authority or human rights violations following the police's enforcement of authority. In this paper, the conclusion was drawn by reviewing three things: a new police ombudsman as an external and democratic control measure, a plan to utilize the existing National Rights Commission or the National Human Rights Commission, and a measure to grant the police committee the ombudsman function. That is to say, the paper concluded that the police committee's performance of Ombudsman's function could satisfy both justifiable and feasible. Based on this conclusion, it proposed that police ombudsman be installed and operated within the police committee to ensure independence and political neutrality of the police committee. And in that case, the division of duties with National Rights Commission or the National Human Rights Commission, the prosecution service, the granting of necessary powers and the procedure for handling civil complaints were discussed in detail.