고소남용사례의 유형화를 통해 본 고소제도의 합리적 해결방안과 공공변호인제도의 활용

Abstract

It is common in Korea that when a dispute regarding ownership or rights arises between individuals, they make a complaint to the criminal justice system, rather than turn to the civil procedures. In other words, the complaint system in Korea does more than what is expected from an ordinary criminal justice system, and plays a role as a relief mechanism for civil procedures in, mostly, debt repayment or compensation for damage cases. The names of the offences claimed in the complaints signify that more than half of these complaints concern property ownership, most of which are a plain civil case where the complaint seeks credit collection or recovery from the accused. The complaint system is widely used because of its obvious advantages that one can file his/her complaint to a law-enforcement agency without fees and expect to recover the claimed debt. In this paper, we try to analyze the case of actual complaint abuse by analyzing and examining each case based on cases of criminal complaint counseling and investigation cases of the criminal complaint counseling center of the legal rescue organization and records of prosecution investigation. Based on this, we will select the areas that should be introduced preemptively in the case of the complaint, and propose a direction to prevent the effective abuse of the complaint. In addition, the debate on the introduction of the public attorney system is being actively discussed, and discussions will be made on the establishment of a comprehensive legal assistance system and the utilization of the public attorney system.