특별사법경찰제의 체계적 통일성을 위한 기초연구

Abstract

Special Judicial Police has been in our legal system for quite some time. The qualification and scope of function of judicial police officials in regard to forestry, marine affairs, monopolies, taxes, military investigation institution and other special matters shall be provided in Acts (Criminal Procedure Act 197). Although this judicial system had not been in application for long since the birth of it, after recent discussions on feasibility of it, this system has been actively applied. This system is evaluated positively in a perspective: those with specific experience in the related field are given roles as judicial police officers and they can enforce a law more professionally without any delay. On the other hand, as the active application of this system been driven mainly by the practical needs, one may question about its adequacy with our existing judicial legal system. Particularly, the professionalism in the related field does not necessarily reach the level of the professionalism that is called for from Judicial Police Officers who conduct Seizure, Search and personal detention. As a result, this system could easily turn into another case of administrative expediency. In this paper, based on awareness of the matters mentioned above, relative consequences are examined. In order for Special Judicial Police to better serve its purpose, we should be able to see more of national-wide unity, instead of implementation by autonomous entity as now. Furthermore, more structured training and systems for Special Judicial Police are highly required.