경찰내사의 효율적 통제방안에 관한 연구

Abstract

Under the stipulation of independence of the police since the amendment of “Criminal Procedure Act” which defines the rights of investigation initiation and implementation, disputes over whether pre-investigation of the police is included in the range of investigation supervision by public prosecutors and over range of pre-investigation are arising between the prosecution and the police. As pre-investigation is not legal concept and the limitations are established in relationships with investigations, this study aimed at understanding concept and grounds of pre-investigation, distinction between investigation and pre-investigation, actual situations of pre-investigation process, etc., reviewing autonomies of police pre-investigation and suggesting institutional improving methods to control effectively pre-investigation of the police. Through this study, it was understood that police pre-investigation has autonomy from supervision and control of the prosecution and reinforcement of responsibilities to satisfy change of investigation principal and effective control on pre-investigation process is more important. Effective control methods are desired in that specific regulations for safeguard for human rights of subjects of investigation should be prepared, transparent and fair closing of pre-investigation should be sought by composing committee of pre-investigation closing, definite formal closing should be made with notice of closing reasons and contents to petitioners and subjects of pre-investigation at closing along with prompt process of pre-investigation, justification and procedural rules should be complied in securing whereabouts of subjects of pre-investigation and internal surveillance function should be smoothly maintained through strict report, supervision and audit in police internal phases.