고발사건 불기소처분의 통제방안 -사례의 검토를 중심으로-

Abstract

The purpose of this study is to present a reasonable control plan for the prosecution discretion of prosecutors who protect the safety of the social system as a representative of the public interest, Examining the institutional background of the prosecution's non-indictment. After processing and reviewing cases of non-prosecution dispositions in accusation cases, the direction of control of non-indictment was sought. Prosecutors may institute prosecution or non-indictment by investigating cases in which complaints and accusations are forwarded by judicial police officers or cases in which direct complaints and accusations are prescribed by Acts and subordinate statutes. The control system for non-indictment by prosecutors is divided into internal control and external control. For dissatisfaction with the non-indictment of the accusation case, internal control measures are being prepared through ‘notice of the purpose and reason for the non-indictment’ and ‘appeal to the prosecution (reappeal)’. In this study, the following matters were reviewed through the progress of cases of non-indictment and review of legal principles. For the first time, While acknowledging the fact of the actor's act, we discussed the wrong interpretation of the law that may not admit the establishment of a crime by changing the interpretation of the law. Also, In the discretionary judgment of suspension of indictment, additional factors for judgment on the possibility of blame related to the responsibility derived from the legal status of actors were examined. And, Once the prosecution appeal (reappeal) procedure, which is an internal control method for non-indictment recognized by the accuser, is completed, there is no longer any means of dissatisfaction in criminal procedures. The direction of control sought through the review of non-indictment cases is as follows. First, the target cases should be expanded so that all accusation cases can be Application for Adjudication. Second, the standard and scope of the prosecutor's prosecution should be stipulated at the level of the law and order, and notified to the general public. Third, public procedures should be established so that the general public can read and copy the reason for non-indictment, which is a quasi-judicial judgment at the end of the investigation process. This study lacks a discussion in connection with the appeal limit system for the judicial police officer's non-transfer decision in accusation cases. therefore. It should be supplemented from a macroscopic point of view of criminal justice procedures through future research.