수사권 조정의 편익 측정: 이중수사를 중심으로

Abstract

The Criminal Procedure Act and the Prosecution Service Act, which reflect the new investigation system based on discussions on the adjustment of investigation authority, were implemented in 2021. As a result, the relationship between the prosecution and the police changed from command to cooperation. The validity of the new investigation-authority system should be demonstrated by protecting citizens’ human rights and enhancing investigation efficiency. Few studies have empirically demonstrated that the new investigation system is more suitable or efficient in protecting human rights than the old one. In this study, the benefits expected from the implementation of the new investigation system were classified and quantified to assess whether the system is efficient. This type of research has not been attempted since the revision of the law. This study is the first attempt. The subject of this study is the investigation authority system in place under the revised law. This was compared to the investigation system before the law was revised. Comparing the two systems allows the estimation of the economic benefits arising from the coordination of the investigation authority. Due to the introduction of the new investigation system, the investigation will not be repeated to maintain the indictment, while making the same judgment as the investigation results already conducted by the police. In addition, if it is difficult to terminate the investigation just by the results of the police investigation, the complementary investigation that had been conducted will disappear. This study focused on ‘reducing double investigations or supplementary investigations’. In this study, the size of ‘double investigation, etc.’ that is expected to decrease due to the change in the investigation system was estimated and its monetary value was measured from the perspective of the citizens subject to investigation. The annual economic benefits from the coordination of investigation authority were estimated to be at least 10 billion won and at most 38.1 billion won. This is 0.003% of the total budget of the Ministry of Justice. Based on the above results, it is possible to argue that double investigation is unnecessary. However, the prosecution drew a different conclusion from the police investigation results through a double investigation into 22.3 percent of the cases. The case, which would have changed its conclusion if it had gone through a double investigation, can now be handled according to the police's opinion. Considering the fact that the center of criminal policy shifts from the human rights of suspects to the human rights of victims, it is possible to argue that the benefits of double investigation are greater than simple economic benefits.