공수처와 다른 수사기관, 행정기관 등과의 협력체계 강화방안

Abstract

In this article, we deal with the measures for establishing a cooperative system among the Corruption Investigation Office for High-ranking Officials (hereinafter “CIO”), and other investigative or administrative agencies based on the legislative purpose and special characteristics of the CIO’s investigation. Currently, Article 24 of the Act on the Establishment and Operation of the Corruption Investigation Office for High-Ranking Officials (hereinafter “CIO Act”) rules the relationships among the CIO and other investigative agencies (so-called “priority in jurisdiction clause”). However, because of the deficit of procedural provisions, it becomes causes of various controversies and does not play any effective role in the investigation procedures. Additionally, the CIO Act does not specify any regulations regarding relationships with other administrative agencies, leaving them undefined and passive. Thus, a legal framework that allows the CIO and other agencies to cooperate actively and reciprocally in responding to crimes committed by high-ranking public officials is necessary to promote cooperation among investigative or administrative agencies. In conclusion, we suggest revising several provisions in the CIO Act. These revisions should include: 1) introducing regulations on cooperation obligations and process clauses with other administrative agencies, 2) incorporating procedural provisions for priority in jurisdiction clause, 3) establishing a permanent investigation committee led by the Director of CIO, and 4) endowing the Director of the CIO role as a ‘convening officer’ to effectively and efficiently carry out the investigations and prosecutions of crimes against high-ranking public officials.