특별사법경찰의 행정조사와 수사: 진술서 작성 및 자료 제출 요구를 중심으로

Abstract

Due to the similarity of the content of administrative investigations and investigations, concerns have been raised among practitioners that administrative investigations are used for the purpose of clandestinely avoiding restrictions in the Constitution and the Criminal Procedure Act. In this regard, the current law allows both investigation and administrative investigation to be carried out simultaneously, either by directly specifying warrants under the special law for specific administrative investigations or by designating an administrative officer with administrative authority as a special judicial police officer. However, when a special judicial police conducts an administrative investigation and investigation, it is not easy for the special judicial police him/herself as well as the other party to distinguish whether the official’s performance is administrative or judicial. This may eventually result in the deprivation of the rights of the other party to enjoy under the Constitution and the Criminal Procedure Act. Therefore, in this study, I would like to present what should be newly considered when distinguishing administrative investigations from investigations, by examining the boundary cases of administrative investigations and investigations of special judicial police and by critically reviewing the criteria for distinguishing between administrative investigations and investigations presented in precedents in similar cases.