[특집/수사지휘권과 인권보장]경찰수사권 독립이 인권보장의 첩경

• 영문명: A Better Way to Protect Human Rights in Criminal Investigation Process in Korea： Separating Police Investigation Process from Prosecutors’ Power and Control
• 발행기관: 한국형사정책학회
• 저자명: 표창원(PyoChangwon)
• 간행물 정보: 『형사정책』형사정책 제15권 제1호, 37~76쪽, 전체 40쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.06.01

영문 초록

In Korea, all the powers and authority regarding Criminal investigation are monopolized by the Public Prosecutors who from a strict hierarchical and bureaucratic organization themselves. The fact that those who direct, control and even carry out investigation prosecute the same case, without any outside monitoring, has been noted as one of the key reasons for many human rights violation cases occurred during investigation of criminal cases. The recent case of “torture-to-death” of a suspect happened in a public prosecutor’s office is just one of those cases. To enhance the constitutional rights of the suspects and the victims of criminal cases, the democratic principle of “checks and balances” should be introduced into Korean criminal justice system.

목차

1. 들어가며

2. 수사권 논쟁의 뿌리

3. 검찰독점 수사체제와 인권침해

4. 정리하며

참고문헌

ABSTRAC