검․경 수사권조정 합의안의 내용과 의미에 대한 일고

• 영문명: Considering the Contents and Signification of Government Agreement regarding Revision of Investigative Authority between the Police and the Prosecutions
• 발행기관: 한국형사정책학회
• 저자명: 박용철(Park, Yong Chul)
• 간행물 정보: 『형사정책』刑事政策 第30卷 第2號, 37~61쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.09.30

영문 초록

In June 2018, the governmental delegate including Prime Minister, two ministers from Ministry of Justice and Ministry of Government Administration and Home Affairs reached an agreement regarding revision of investigative authority between the Police and the Prosecutions. The main points of the Agreements are (1) the Police is going to have the full authority to investigate crimes without interference/supervision from the Prosecutions prior to committing the case to the Prosecutions, (2) Giving away the prosecutorial jurisdiction over investigation to the Police. The Agreement necessarily involves lots of amendments regarding the investigative power structure between the Police and the Prosecutions. However, at the moment, the Agreement lacks both details regarding what positions need to be taken for the better of both investigative agencies and any possible revisions in constitutional law as well as criminal procedure. At the same time, the Agreement is being criticized to be an aggravating factor between the two agencies because it does not give any solution to fix the power structure issue when the Police refuses to follow the order or request made by the Prosecutions regarding the on-going investigations. In this Article, the writer tries to pinpoint the loopholes existing in the Agreement.

목차

Ⅰ. 들어가는 글

Ⅱ. 합의안 전제 사항에 대한 논의

Ⅲ. 합의안에 대한 평가

Ⅳ. 국회 계류중인 법률(안)에 대한 논의

Ⅴ. 나가며

키워드

수사권 수사종결권 수사지휘권 합의안 법치국가 Investigative authority Prosecurorial jurisdiction over investigation Investigative power Investigative agencies Prosecutions