경찰의 합리적 역할방안 정립에 관한 논의

Abstract

For a long time, the relationship establishment of the police and the prosecution has been dealt with in various aspects as a social issue. However, it is true that the police was regarded as an agency that infringed human rights, not as a protector, as a institution that lack legal knowledge, and as a force that strengthen the political power of the regime in the past. However, according to the needs of time for protecting the human rights of the people, the police has taken a role of public service and comprehensive security services, and is recognized an public-friendly institution. While, the current criminal procedure law authorizes prosecutors enormous power in criminal justice procedures. In particular, prosecutors become institutions that were granted exclusive rights in the criminal judicial process by having the right to arresting and inspecting sites under the right to appeal and indictment as well as the name of protecting the human rights of the people. In a reality of the police that handles most of the criminal investigations, it is a problem that the prosecution is exclusively granted criminal and judicial powers in aspects of both protecting the human rights of the people and getting high morale to large police organization of 100,000. Thus, this study will find measures of granting the police the necessary rights on the criminal justice procedure among what prosecutors are authorized to realize the principle that the criminal procedure should be expedited, legal and substantive.