한국 수사구조의 비교법제적 위상 및 개선방향

Abstract

Korean prosecutors deeply involve in criminal procedure in general through investigation and execution of sentence. Especially they not only execute extensive discretion in prosecution, but also command judicial police officers and investigate by themselves armed with own investigative personnel. Moreover the authority to command judicial police officers is firmly established by a variety of statutory provisions which extends from a case opening to the conclusion. As such the procedure of prosecution and investigation in Korea is lead by prosecutors. The criminal justice system that lacks functional separation between prosecution and investigation causes various kinds of problems such as abuse of power due to its centralization, absence of check and balance, obstruction of impartiality and objectivity of the prosecution, weakened right of defense of a suspect or a defendant, and unlawful investigation or obtaining false confession abusing the discretion of prosecution. This study aims at examining the loopholes of the current system from a comparative law standpoint and presenting its reform strategies. The main body of the study meditates on the status of the current crime investigation system of Korea by comparing its distribution of prosecution authority and investigation power with counterparts abroad. The samples of comparison includes France, Germany as representing civil law countries and the U.K. and the U.S.A. among common law countries and Japan which succeeded to the both law tradition historically. Finally, based on the examination, this study presents the characteristics and problems of the current investigation system in Korea and reform strategies to cure those.