고위공직자범죄수사처 운영과정에서 표출된 문제점 분석과 개선방안에 관한 연구

Abstract

In 2021, a year after The Act on the establishment and operation of the High-ranking Officials Corruption Investigation Agency was promulgated, the first chief of Investigation Agency was appointed and prosecutors and investigator of Investigation Agency were appointed, so the High-ranking Officials Corruption Investigation Agency began its full-fledged activities. Since the ruling and opposition parties were involved in the constitutionality of The Act, The Act remained silent on the scope of the special Investigation Agency's legal status and specific authority, and its relationship with prosecutors under the Public Prosecutors' Office Act. The imperfection of The Act was pointed out as the fundamental cause of several specific problems expressed in the actual operation of the Investigation Agency. In this paper, I closely examine the representative issues among the specific problems that emerged during the actual operation of the Investigation Agency. These problems that have emerged in the course of the Investigation Agency's actual operation are mainly attributable to Discipline to apply the Criminal Procedure Act and the Public Prosecutors' Office Act without making clear regulations in The Act. Therefore, legislative improvement measures should be prepared based on a sufficient and detailed review of the contents of the regulations of the Korean Constitution, the contents of the Criminal Procedure Act, and the legal status of the Investigation Agency.