공직선거 범죄에 대한 경찰의 대응상 한계와 개선방안

Abstract

This study analyzed the limitations in the police operation regarding the police response to the crime related to the election for public office and explored a political improvement plan. The reason is that police has not performed an effective response activity due to various legal/systematic factors surrounding the crime related to the election for public office and the factors existent in and out of police organization. According to the result of the study, first, it is believed that police would be allowed of certain extent of discretionary authority as in general criminal case and excessive intervention of a prosecutor would be decreased so that police can overcome the limitations in the investigation. The reason is that, if a prosecutor would actively command and supervise the investigation from the beginning, whole investigation process would be determined by the personal judgment of the prosecutor or by certain political influence. In addition, it is believed that the statute of limitations of the crime for the election for public office and the trust money return system, which are 6 months and 60 days now, would be improved so that police can have more time for thorough investigation. The prosecution would also suggest certain disposition guideline by setting up a clear standard on whether a crime related to the election for public office would be prosecuted or not so that police can set up the investigation scope in the early stage; while the suggesting of an opinion for prosecution and non-prosecution would also keep consistency and objectivity. Second, it is suggested that a permanent organization responding to the crime related to the election for public office would be established in each police station even with small number of staff so that continuous intelligence collection would be done before and after an election and a crackdown and investigation activity on the violations would be reinforced; while the expertise of the staffs in the permanent response organization would be reinforced through the provision of continuous re-education opportunity. Third, the organization of cyber safety bureau would be changed and the number of response staff would be increased for better response to cyber offense related to the election for public office. It has been also found that various supports including budget increase would be required for the improvement of specialized investigation techniques such as digital forensic investigation technique.