수사구조의 근대성과 미군정기의 수사구조 형성과정 연구

Abstract

To see in the historical perspective, it has a lot of meanings that the change from before the modern era the Inquisitorial Criminal Justice to the modern Accusatorial Criminal Justice. In our country, the form of modern criminal justice is from U.S. Military Government. Thus, this article, I discuss the modernity of investigative structure which is the first step of criminal justice structure, and search how this modernization is being advanced and how this limitations are being exposed in U.S. Military Government. For this, I devide the U.S. Military Government into three segments(the first, the middle, and the end). The U.S. Military Government essentially tried to realize the criminal justice and investigative structure which is fit in the free liberal democratic national order. In fact, not only the Anglo-American nations but the continental nations, it is common that the modern criminal justice are separated and specialized with the functions and its structures of investigation, prosecute, trial, correction and punishment according to the principles of check and balance. Therefore, in the first era of U.S. Military Government the police had their own independent investigative authority. But after that times, in the chaotic transitional situations, the police investigative authority couldn't regulate as a formal statue through the specific legislation, after the middle, the main rights fell into the prosecutors. One of the reasons we can point out is that not only after the liberation from the Korea under Japanese rule but also the era of U.S. Military Government the police couldn't eliminate the colonial police vestiges. On the other hand, the lawyers include prosecutors composed of many nominal persons(who are done independence movement), the national belief about the police and prosecutor shows remarkable difference. Another reason, I think, is that the lawyer who studied the continental investigative structure at that time didn't understand its modernity properly. Also I'm so sorry that they were familiar to the summit of prosecutor in command system of investigation in the long period of Korea under Japanese rule, they couldn't realize the real meaning the modern investigative structure