검찰의 독립성과 중립성확보 방안

Abstract

Man regard that the Korean Prosecution still has an unregulated strong power and authority in criminal investigations and in court. Until now, the prosecution suspected that it has been using their massive power for authority. The best way to arrange prosecution’s political neutrality and independence is to suppress or not to do erroneous thinking. but I don’t expect that the authority can change its attribute by itself. So, there’s only one way that suppress the authority’s thinking that to use prosecution. If the Prosecution could be politically neutral and Independent, the Prosecutioncan be called “the Watcher of Justice”. But if not, it could be called nickname “the handmaiden of power”. The Prosecution must stand under democratic control and in oder to be “the Watcher of Justice”. So this article raises the important, unended reform issues to procure Political Neutrality and Independency of the Prosecution. The uncompleted reform agenda are those: 1) to abolish the right of Justice Minister’s command to the Prosecution 2) reform of the hierarchic structure of the prosecution, 3) to tighten the objection right of (public) prosecutor to his superior 4) reform of prosecution’s personnel management system. After democratization, people’s demand has been introduced one by one inrevision of the Criminal Procedure Act. The next demand should be the democratization of procedure, that is legislation of procedure such as register procedure, and to become transparent procedure. This transparent procedure is emphasizing the guarantee of status through reform of prosecution’s personnel management system. About 150 years ago, we have to meditate that the point of discussion for‘guarantee of independence and neutralization of prosecutor’ was in “guaranteeof Prosecutor’s status as same level as Judge” and “the Minister of Justice, thatis prevention for influence peddling of political authority” in Prussia, from theopposite side of earth.