고위공직자범죄수사처 이첩요청권 행사 갈등 극복을 위한 수사기관 간 협력관계 설정

Abstract

As CIO was launched in an incomplete state, it is an organization that needs constant supplementation. In the sense that the abolition of the right to request transfer of CIO was selected as the government's national task, it is bound to feel burdened. The exercise of the right to request transfer should not be regarded as a mere dispute over authority between institutions, but should be exercised properly while restraining the exercise from the perspective of the people and minimizing conflicts between institutions. That is the first priority for the proper operation of CIO in the current legal system. The background of the birth of CIO lies in the eradication of corruption in public office and the check of prosecution power. In view of these points, it may be assumed that at some times CIO should be operated in a form of Special Prosecutor, and at other times, it should be operated in the form of a cooperative investigation body between related investigative agencies. In the case of the special prosecution, it is necessary to dispatch excellent investigative resources from prosecutors and police, through a consultative body between investigative agencies, so that an independent and comprehensive investigation can proceed at the center of the independent CIO. On the other hand, when operated in the form of a cooperative investigation organization, smooth communication should be made so that the investigation team of CIO can jointly participate in the investigation team or proceed at each location at the same time. In other words, it is the right way to participate in the investigation team from the beginning of the investigation, which is suspected of being a high-ranking official, and set the direction together. There may be views that this proposal is contrary to the independence of CIO and the role to counter prosecution power, but in other sense, it is the way to guarantee high independence and a check-role between investigative agencies.