고위공직자범죄수사처의 인권친화적인 수사와 공소권 행사 방안

Abstract

According to High-Ranking Officials’ Corruption Investigation Office Act, prosecutors from Corruption Investigation Office For High-ranking Officials(CIO) not only investigate based on compulsory investigation rights of detention and arrest, detention warrant request, and seizure and search warrant request, but also have the right to prosecute and maintain prosecution against police officers above superintendent general position(경무관), prosecutors and judges. If prosecutors in Corruption Investigation Office For High-ranking Officials(CIO) have prosecution right as with general prosecutors, it is like there is no judicial control over the investigation involving the human rights violations. Therefore, it is appropriate to grant limited prosecution rights targeted at “high-ranking officials related to law “to prosecutors in Corruption Investigation Office For High-ranking Officials(CIO) to prevent protecting its own. The author suggests various systems and improvements of practices for human rights-friendly investigation and prosecution while complying with legal procedures in order to harmonize the guarantee of basic rights and the discovery of truth. In other words, as a way to improve voluntary investigation procedures, the author suggests to promote predictability and convenience of those involved in the case when requesting attendance, transparency of all investigation procedures including interview, and clarifying standards for banning overnight interrogation and its procedures. As a way to improve compulsory investigation procedures, the author also suggests reinforcement of the procedural rights related to seizure warrant, “substantial” presentation of warrant in case of seizure and search, prohibition of the voluntary submission at the scene of compulsory investigation, improvement of seizure and search at the government offices, prohibition of excessive seizure and search on residences, and minimization of unnecessary travel bans and suspensions. It also proposes a ban on pretextual investigations and cognitive investigations, guarantee of the right to remain silent, restriction on the request for a separate arrest warrant for the accused in the post-prosecution investigation, and limit on perjury investigations against witnesses who testified in favor of the accused. Furthermore, it proposes an independent human rights inspector system at Corruption Investigation Office For High-ranking Officials(CIO), safeguard of whistleblower, establishment of a pre-investigation committee to prevent excessive charges and accusations, a system of exclusion, challenge and avoidance of prosecutors and investigators in Corruption Investigation Office For High-ranking Officials(CIO), improvement of publication of facts of suspected crime, and measures on trial jurisdiction matter. As such, institutional supplementation and improvement should follow even after the launch of Corruption Investigation Office For High-ranking Officials(CIO) and the public’s constant criticism and surveillance on the intervention of those in power in Corruption Investigation Office For High-ranking Officials(CIO) are needed. Through this process, power agencies such as the police, prosecutors, Corruption Investigation Office For High-ranking Officials(CIO), courts, and members of parliament should restore public trust and contribute to the realization of the rule of law for the protection of human rights of the people.