형사절차법상 식품위생범죄 담당 특별사법경찰의 업무범위와 한계에 관한 고찰

Abstract

Special judicial police in charge of food sanitation crime is judicial police who does work in regards to the violation of food sanitation law and send the case to the prosecution in case that the case is closed. Areas belong to the special judicial police are areas related to forest, maritime affairs, monopoly, tax, military investigative agencies, and other special matters as prescribed in § 197 of the Criminal Procedure Code. The scope of business and limitations of special judicial police are prescribed in the Law on the Parties Who Perform the Duty of Judicial Police and the Scope of Work and special judicial police in charge of the crime on food sanitation carries out investigation based on the same law. Special judicial police is usually categorized to three; special judicial police authorized by the law, special judicial police who would report the list to superintendent public prosecutor in charge, and special judicial police who is in charge of the workplace based on the recommendation by a relevant executive official. There are a lot of problems involved with the special judicial police system in charge of the crime on food sanitation; lack of specialty of relevant government officials, operational inefficiency due to the dispatched personnel, and limitations on investigative skills. Due to these reasons, general judicial police is still involved with the crime on food sanitation, which is the area of the special judicial police. Thus, this study presupposed that § 197 of the Criminal Procedure Code and the Law on the Parties Who Perform the Duty of Judicial Police and the Scope of Work have an equal substantive enactment on the scope of work of special judicial police suggesting an independent investigative right. The paper also mentioned that the latter has the nature of special law, though both provisions are not in the form of non-mandatory provision, but in the form of compulsory provision, clearly segregating the scope of work and limitation between each organization, which is the reason the priority of special judicial police principle should be applied. Based on these, the author emphasized that special judicial police should wield the same independent investigative right as the general judicial police, from the point of view of criminal code. Finally, the reason to highlight this is that special judicial police in charge of the crime on food sanitation requires special expertise from the investigative stage in order to conduct the investigation regarding the crime on food sanitation, which more demands the role of special judicial police than general judicial police.