행정조사와 특별사법경찰관리의 수사의 경계획정 - 특별사법경찰관리의 직무를 중심으로 -

Abstract

The special judicial police officer means the official who is granted the status and the authority of the judicial police officer among administrative police in a narrow sense to investigate a crime and to arrest the perpetrators in relation to administrative acts. The spirit of the special judicial police management system is to achieve the purpose of seamless quick investigation on the basis of competent professionalism and urgency of assignment task. The special judicial police officer also holds the status as an administrative official, he has the administrative investigation right by the 「Framework Act on Administrative Investigation」 or by an individual Administrative Law. When he performs duties, the administrative investigation of the special judicial police officer, especially the powerful and compulsory investigation in Police Act meets with the investigation activity on the borderline. When the special judicial police officer check law violations in an administrative investigation for purposes of administrative police or regulation, investigation process is initiated. In this case there are many issues that need to be explained, such as the doctrine of warrants, right to remain silent, yes or no of force etc. in powerful and compulsory investigation in Police Act and in administrative investigation to check law violation. Moreover, if the administrative official had the status of the special judicial police officer and the investigation right, it is difficult to have a clear distinction between administrative investigation and investigation, therefore they are likely to operate the right of administrative investigation and the investigation right arbitrarily and arbitrarily. On the other hand, a simple prevention of prohibited conduct and management have a character of administrative law, an administrative investigation to check law violation is the investigation activity, therefore dues process of law should be applied in such an administrative investigation. This distinction is important, because it depends on the legal nature of the applicable law and the legal principle so that it should be able to provide a legal probability of prediction and means for protection of a right. Therefore, in order to solve this phenomenon of mixed duties due to the double status, the organizational independence should be guaranteed at least by installing and operating a special judicial police organization in organization Act. In law of action, the procedural discipline density should be increased like that of the 「Criminal Procedure Act」 in the powerful and compulsory investigation, and in the administrative investigation of criminal prosecution, or none but the official who is granted the status and the authority of the judicial police officer should perform administrative investigation and investigation.