미완의 수사구조 개혁 그리고 공수처와 경찰

Abstract

This article deals with the investigations by the Corruption Investigation Office For High-ranking Officials(CIO) and the police during the Yoon Seok-yeol administration. The objective is to assess the laws passed by the 20th and 21st National Assembly and pinpoint the legislative proposals of the 22nd. This is due to the fact that, during this time, the CIO and police conducted their investigation in a new investigative structure that was implemented in 2020. The Moon Jae-in administration's reform of the investigative structure was implemented by enacting the Investigative Powers Adjustment Legislative Package for both 2020 and 2022. However, the changes to the investigation system were met with counter-reformation policies during the Yoon Seok-yeol administration, as enforcement decrees were put into effect while the laws remained the same, leading to what is referred to as "Enforcement Decree Politics." The incomplete rules of the Legislative Packages have provided the foundation for these counter-reformation measures. The limited prosecutorial power of the CIO results in situations where the CIO can be prosecuted even when it lacks the authority to bring charges. Furthermore, the changed police investigation organization is still susceptible to both internal and external pressures. To tackle this counter-reformation, it is recommended to enhance the division of investigative and prosecutorial powers between police and prosecution, remove restrictions on the prosecutorial authority of the CIO, and maintain a system of checks and balances among the prosecution, police, and CIO.