공수처법의 문제점과 입법론적 개선방안 - 고위공직자범죄수사처의 조직체계 및 역량강화의 관점에서

Abstract

The Corruption Investigation Act aims to realize a fair society, a transparent society, and a clean society by preventing high-ranking officials’ crimes and eradicating their corruptions strictly. The Criminal Investigation Office is a special investigative agency affiliated to the administration in charge of investigating, prosecuting, and maintaining the cases of high-ranking officials’ crimes but is also characterized as a special judicial agency equivalent to a judicial agency controlled by the National Assembly. The Criminal Investigation Office is an organization for special prosecution permanently equipped with special prosecutors for the system, and as it can exercise investigation and limited prosecution for crimes against high-ranking officials, it is a special prosecutors’ office as well. Up until now, however, the Criminal Investigation Office has not shown any ability to investigate and prosecute to the extent that it meets the expectations of the people. Therefore, the reactions of all levels of society towards the Criminal Investigation Office are rather cold instead of being favorable and supportive. Of course, the public’s expectations and excitement about the Corruption Investigation Office are high, but in fact, the current organizational system (model) of the Corruption Investigation Office was reduced politically in the process of legislation and built as too trivial an investigative agency to exhibit its capabilities properly. Accordingly, to allow the Corruption Investigation Office to play its roles appropriately according to the legislative purpose of the Corruption Investigation Act, this study reviewed and analyzed the legislative process of the Corruption Investigation Act from the perspective of enhancing the organizational system and its capacity. As a result, to establish a reasonable model for the future-oriented Corruption Investigation Office, this author suggests following legislative measures for its improvement. First, the Criminal Investigation Office for High-ranking Officials should be abbreviated as ‘the Corruption Investigation Office’ firmly. Second, in order to stabilize the Corruption Investigation Office as an organization and secure its political neutrality, it is necessary to recognize the reappointment of its chief and vice-chief once. Third, to strengthen the investigative capabilities of the Corruption Investigation Office, it is needed to stabilize the status of prosecutors (conforming to the eligibility review system) and increase the number of prosecutors to fewer than 40 including the chief and vice-chief. Fourth, in consideration of the special characteristics of the Corruption Investigation Office as a check device for the prosecution, it is necessary to increase the number of investigators in the Corruption Investigation Office to fewer than 80 that is twice as many as the number of prosecutors. Fifth, since the Corruption Investigation Office is a central administrative agency, it is needed to increase the number of administrative staff to fewer than 50 in consideration of the characteristics of heavy administrative work. Sixth, the Corruption Investigation Office, the prosecution, and the police must form a three-way consultative body for investigation to cooperate efficiently for investigation and prosecution. Seventh, to ensure the effectiveness of public officials dispatched from other state agencies to the Corruption Investigation Office, it is necessary to amend the provisions about dispatched public officials on the Corruption Investigation Act from arbitrary to compulsory provisions. Eighth, to maximize investigative capabilities customized for changing environment and all sorts of new crimes, it is needed to install and operate a center to train special prosecutors under the Corruption Investigation Office.