공수처법의 입법형식상 문제점과 개정방향

Abstract

The Act on the Establishment and Operation of the Corruption Investigation Office for High-Ranking Officials (hereinafter “CIO Act”) established a new prosecution organization in the criminal justice system, introducing a multiple prosecution system. Nonetheless, the present CIO Act, as a transitional legislation, contains certain imperfections including defects in both the substance and form of regulations. This article aims to analyze the transitional elements of the current CIO Act and suggest revisions to address its shortcomings. Its goal is to assist the Corruption Investigation Office for High-ranking Officials (hereinafter “CIO”) in efficiently and effectively functioning as a permanent prosecution organization. The format and wordings of the CIO Act, based on a kind of exceptionalism, are subordinate to the Prosecutors' Office Act (hereinafter “PO Act”) and have not fully diverged from the provisions of the Act On The Appointment Of Independent Prosecutor (hereinafter “IP Act”). The CIO Act has subordinate regulations of the PO Act and unique textual structures in the wording of the IP Act, making it an exceptional regulation. In addition, the CIO Act fails to adhere to the principle of legality in criminal procedure due to its excessive delegation of internal regulations. The CIO has been criticized for being biased and incompetent since its beginning. The CIO's personnel and organizational weaknesses, as well as transitional flaws in the CIO Act, could be blamed for this. It is crucial to promptly revise the current CIO Act to rectify these legal flaws.