경죄사건의 신속처리를 위한 검사직무대리제도의 개선방안

Abstract

Term 3, Clause 27 of the Constitution regulates 'All nations have the right to face the trial rapidly.', but as the burden of Public Prosecution's Office for the cases in our country is likely to be too heavy at present, the rapid service for the criminal procedure can not be sufficiently bestowed on the nations with the prosecutors' manpower only, and it can not be guaranteed that the substantive investigation for protection of the human rights of the nation is sufficient and it can not be also said that the prosecutor's direction of investigation for the important case is sufficient and detailed. Therefore, as the alternative for the above outstanding matter, it was reviewed over the necessity and improvement plan of the probational prosecutor system, which is being executed in Public Prosecution's Office nationwide. In concrete, as for the direction of investigation to supplement the summary case after being sent to the police station, as it is the most essential for the probational prosecutor to decide whether to prosecute it, the regulations to be bestowed within the summary record being sent shall be newly established, and as it seems that this point becomes the opportunity for the police officer also to supplement the case record through this. Besides this, the matters for separation of the minor offense/grave offense, installation of Public Prosecution's Office in city and gun in case the city/gun court is faced, constitutional matter of the probational prosecutor and guarantee of its position shall be also discussed in the deeper way. And as for the claim for seizure/search warrant of the probational prosecutor, the claim to demand shall be legislatively bestowed through the chief prosecutor in charge but it will be proper for the necessity for such claim to be verified during the approval of the chief prosecutor in charge. Also, relative to the qualification of the probational prosecutor, it will be recommended to establish and execute the educational course regularly, and as for the scope of the probational prosecutor's duty, as it is true that the name of crime of the summary case is being widen to increase the business concentration of the prosecutor, it seems that its actualization plan will be necessary by changing the regulations actually in the legislative aspect. It is considered that as for the introduction matter of the deputy prosecutor system, as the prosecution administrator system treating the prosecutor's business is absolutely supported, rather than the deputy prosecutor system, like Japan, our case will not be different. Finally, it is true that the nations worry about the protection of human rights, but this study thought over that the improvement plan to overcome some outstanding matters and to make the rapid and proper treatment of the case with the sufficient experience and the investigation capacity of the probational prosecutor.