구한말 검찰제도의 연혁과 사법경찰관과의 상호관계 연구

Abstract

During the Gabo Reform time, the Korean Empire and the Japanese Resident-General ofKorea, although it was confused, the Chosun dynasty tried to save the independence andexperienced the frustration throughout the failure because of the introduction ofmodernized police, prosecutor and justice system etc. by the Japan’s forced pressure. After Gabo Reform, the prosecutor system was not established yet in the 1894 - 1895. 3. So during this period, Gyeongmusa of the Gyeongmu Office carried out the prosecutor'sjobs including the investigation today. But after the prosecutor system was established in the Court Organization Act of Marchin 1895 and until Korea-Japan were annexed in 1910, the prosecutor was consistently thepresiding officer of the investigation and had the right to command to the judicial policeofficer. This system of the investigation continues even today. Under current law, the interrelationship between prosecutor and judicial police officer isthe relationship abuse could thrive. But when talking about the investigation system or theinterrelationship of prosecutor and judicial police officer, the discussions about therelationship abuse could thrive between prosecutor and judicial police officer in thecontinental law system or the cooperation relationship between prosecutor and judicialpolice officer in the Anglo-American Law system were of no significance at least in theend of Chosun dynasty in a history of laws. Because our intention was not reflectedabsolutely in choosing the system of the investigation. So when you consider the background that Japan introduced the criminal justice systemto facilitate its colonial rule in Korea, the interrelationship that was set at that timebetween prosecutor and judicial police officer should not be taken as a matter of courseeven now. In brief, I measure that you stop to think a directing point about the desirablerelationship for both organizations, taking into account the introduction purposes of thissystem and legal provisions and the historical background.