20대 국회 공수처 법률안에 대한 비교 분석 및 제언

Abstract

In 1996, People’s Solidarity for Participatory Democracy, a leading non-government organization in South Korea, petitioned the National Assembly to enact a bill that would establish an anti-corruption investigative agency. Since then, seven bills that would implement the anti-corruption investigative agency have been proposed in the 20th National Assembly, but no agreement has been reached on any of them. Many studies have dealt with the implementation of the agency in South Korea, but they mostly focus on the justification and necessity of the agency. It is difficult to find a strong comparative analysis of the bills that have been proposed in the 20th National Assembly. This study undertakes that task and analyzes the bills in the 20th National Assembly, focusing on the appointment porcess of the head of the anti-corruption investigative agency and the scope of its application. Through this analysis, this study further seeks to answer an important question: What are the considerations for building an anti-corrutpion investigative agency? To examine this question more deeply, ideas concerning the principle of mandatory prosecution, the judging committee on the prosecutioin, and the special criminal court are all presented. This study concludes that the purpose of the anti-corruption investigative agency should be to fight grand corruption and that checking various points will help to improve the agency's competency.