경찰 다이버전의 문제점과 개선방안

Abstract

Police diversion is a diversion that is taken at the police level which is the early level of criminal justice. This diversion is devoted to prevent being branded which is the purpose of diversion. It also is an excellent institution towards prevention and nurturing juveniles,so most juvenile delinquencies in Anglo-American world are solved by police diversion. However, the prosecution holds the termination of investigation in South Korea so diversion is not legally acknowledged at the police level. Therefore, it is admitted through warnings,etc in practice. In order to overcome such realistic problem, the legal ground of warnings, etc was found in proportionality of summary jurisdiction or the Constitution. However, this paper supports the idea that the basis for police diversion can be found in the principal of legality of criminal law. It argues that specifying the condition as well as subject is necessary in order to get over the problem of police diversion. Even if the police diversion that is actually accepted can be admitted through interpretative principle of legality regarding legal ground, it has a limitation in the end. Therefore, legislative measures should be taken to solve it fundamentally. For such legislative measures, ex ante as well as ex post control is necessary in order to prevent the arbitrary abuse of police diversion that are practically acknowledged. Vitalizing professional participation in each level should be taken to improve the effect of police diversion and eliminate problems - only a practical effort to relieve worries and mistrust about police diversion can only become an environmental foundation that can legislate police diversion.