즉결심판청구의 활성화 필요성 및 실무상 개선방안 : 선택적 즉결 사건 및 부진정 경미범죄를 중심으로

Abstract

This study is about 'The need for invigorating summary judgement procedure and Improvement plan in practice focusing on selective summary judgement case and untrue minor offense'. The right of summary judgement is the exception of presecutor’s indictment monopoly and unique police indictment system. Hence, the police should operate and develop summary judgement procedure, clearly recognizing the implication and importance of summary judgement procedure. Although summary judgement proves its real value in the case of selective summary judgement for untrue minor offense, the ratio of untrue minor offense which is processed by selective summary judgement procedure is quite low. However, summary judgement must be invigorated in terms of correcting the contradiction of criminal procedure confession, preventing ex-offenders, and decreasing investigators’ work load. As the improvement plan in practice, first of all, the investigation report should be far more elaborated and the reporting system needs to be more strict. Second, minor offense screening committee should be requisitely held and the opportunity, in which investigators can make a statement at minor offense screening committee, should be guaranteed. Third, oral negotiation process with community order division should be abolished. Finally, the police should build the system, which automatically notify the final result of summary judgement procedure.