검․경 수사권 조정 정부합의안에 대한 비판적 검토 및 합리적 대안 모색

• 영문명: A Critical Analysis of the Inter-Governmental Agreement for the readjustment of Investigation Rights Reform in South Korea
• 발행기관: 한국형사정책학회
• 저자명: 주승희(Ju, Seung Hee)
• 간행물 정보: 『형사정책』刑事政策 第30卷 第2號, 133~161쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.09.30

영문 초록

Over the past few decades, there has been debate on whether police should be given greater investigative power such as giving police a mandate to close a case or file for an arrest warrant, independent of prosecutorial power. Readjusting the investiagtion rights and reforming the prosecution is also under key policy pledge by the Moon Jae-in government and the government said in mid-June it will empower police to conduct and close initial investigations in all cases independently of the prosecution as part of reform measures aimed at reducing massive concentration of investigative powers in the prosecution. The plans were outlined in an agreement reached by the prosecution and the police agency and was submitted to the National Assembly for review. This article examines the pros and cons of the readjustment of investigation power and it analyzes the reform measures in the agreement for redefining the relationship between prosecutors and police in readjusting their investigative jurisdictions. It concludes that the measures don’t correspond with their new ‘horizontal’ relationship and is in danger of reducing the effectiveness and efficiency of investigation process. For the more effective and efficient investigation and enhancing protection of the rights of suspects, this article proposes reform recommendations, such as separating prosecutors for investigation from prosecutors for prosecution and adopting a prosecutor’s dispatching system to police stations.

목차

Ⅰ. 서론

Ⅱ. 검․경수사권 조정의 필요성 유무 관련 종래 학설 및 검․경 수사권 조정 합의안의 의의․내용

Ⅲ. 수사권 조정의 의의 및 합의안 내용의 타당성 검토

Ⅳ. 효율적․상호협력적 수사권 배분 방안

Ⅴ. 요약 및 결론

키워드

검․ 경 수사권 조정 정부합의안 검․ 경수사권조정 수사권독립 파견검사제도 고위공직자 비리수사처