수사권의 합리적 배분에 관한 연구

Abstract

ABSTRACT

A Study on the Rationalization of the Structure of Investigation

Park, Cheol-Uh Advisor : Prof. Moon, Jeong-Min. Ph.D Department of Law Graduate School of Chosun University

The concept and role of police flow and time with in social demand to follow they are changing and the life and a property of the citizen and the role which maintains today they protect prevention of crime and the suppression and investigation other general public law and order they keep. Our country police liberation after U. S. army affection carried out the crisis of prosecution and the investigation from human rights guarantee dimension of the Korean citizen and police the investigation, prosecution appeal it bore responsibility and the letter of instruction of gist from equal footing with each other it cooperates it announced. In police investigation volume, it apportions appeal volume each in the prosecuting attorney and the investigation authority against the administration of justice police officer of the prosecuting attorney it excludes, it maintains the prosecuting attorney investigation residence setup which is a criminal procedure law system of Japan by repelling of the prosecution but and the law circle back like that and the reasoning to become the argument which is caused by reaches to a today until in time social situation to follow and the difference of degree is cut it is proposed without.

The prosecution which monopolizes legal action volume even investigation process the actuality situation which it is seizing thoroughly it comes true my idea which the protection of human rights entity truth discovery back criminal case administration of justice of the blood chair pursues, will not can be suitable and. Recently it follows in change of the social environment which is sudden and the crime increases rapidly at number and fault width it comes to do quality and wide area reconciliation is going, our country investigation structure liberation after with the system which originates from the time situation inside which is tense well does not dispose the fact that is fact in like this security circumstance. The investigation structure of our country police must dispose efficiently in the security situation following in change and demand of time is to police service accomplishment and command and regulation of the prosecution which a so far worry of human rights infringement is different national institution with reason until of course control the case which it receives almost at most about reasoning lower does not accomplish an autonomous and efficiency business accomplishment to timely the case was many. When seeing the crime tendency of today, the immediate follow-on action which the prosecuting attorney follows with the initial motion investigation hereupon by manpower of decimal and the continuous tracking investigation are impossible and the criminal investigation of most is almost taking charge of from police and primary investigation volume the dual command channel which is given will not be the possibility the rationality doing actuality in the prosecuting attorney. It will be coming to be under until rain rational Royal favor investigation station service evasion actual conditions of like this investigation structure state, about reasoning lower the investigation station of police will be recognized at the evasion station and the manpower which is excellent and secure, cultivate, reach and to lead it is appropriate in security actuality of the today when it changes suddenly with the back which disposes effectively it is same investigation specialty police and, the large country it is the actual condition where becomes the stumbling block in the investigation service improvement plan which pushes.

This time research leads and the problem point position and the authority back the system and overview analysis against our country investigation structure at investigating the prosecuting attorney and the police it points out and the spring a desirable apportionment plan and to sleep research verifies the rational characteristic yes or no against the current law regarding the role and a correlation of course prosecution and police our country investigation volume rational and it presents it does. This time research observed our country investigation volume setup and the investigation volume structure of the foreign nation and with spring it researched the improvement program against the problem point of our investigation volume setup. It relates with this problem and the corresponding agency kicks even from of course academic world back and. anti- two opposite opinions to be sharp it is being opposed. First the opposite opinion sleeping field is arranged police indigenous the case which will have an investigation authority the nuclear attention investigation structure which burns and, the violation problem of the criminal action structure which it follows in the discordant back of worry, the investigation and appeal of inefficiency and violation of human rights of national punishment volume event is asserting that even problem of course police state anger back there is a possibility which it will cause. Rational apportionment of supporting argument volition case investigation volume the discordant problem of objection and actuality and discordant problem, authority and responsibility of the investigation is solved and the efficient investigation accomplishes and the quality thing and, like this efficient investigation setup minimizes the damage of the citizen and the possibility of promising a human rights extension it is asserts the back. Monopoly setup of investigation volume the idea of restraint and balance is disregarded the misappropriation and authoritarianism and egoism back evil of authority are natural and serious following and, interests of the elite one citizen they are there is a possibility of injuring, authority the absence responsibility is again joined together in absence and the investigation of police is had a negative and self-protection investigation act and attitude and if and it is hindered and the process result efficient characteristic of the investigation and finally all big inconvenience will decrease in the blood chair and the victim back citizen. With plan of like this problem solving what it means it will be desirable relationship with the prosecuting attorney and the judicial police civil official with the trade name cooperative system indigenous to give 1st car enemy investigation volume in the police whom it sees and to develop. It will reach and to respect first the current criminal procedure law Article 195 mourning contents which is a general provision which is an important issue of investigation volume regulation of prosecution and police and, ① The prosecuting attorney and the judicial police civil official that there is suspicion of crime, when feed doing to, must investigate the criminal, a constituting an offense and an evidence. ② The national police government employee does the duty as the judicial police civil official. The scope of the judicial police civil official decides in the police law. ③ As the Supreme Public Prosecutors Office staff by a law it will accomplish the duty of the judicial police civil official to receive the command of the prosecuting attorney who sleeps, must investigate. with the to open a court it stipulates expressly in the text the investigation independence of police, Also the criminal procedure law which provides police with the auxiliary machinery of the prosecuting attorney Article 196 it follows in principle of the power separation which dozes, ① The prosecuting attorney and the judicial police civil official must cooperate regarding the investigation with each other. ② The prosecutor general regarding the fact which is necessary to an appeal maintenance is a possibility of deciding the general standard against the investigation. ③ The judicial police civil official when investigating a crime to, quickly with the document and the evidence event does to be governed by Song together in the prosecuting attorney. Only, against the part event which President decides it is not. ④ The case prosecuting attorney of preceding clause it will be able to demand the complement investigation which is necessary to an appeal maintenance to the administration of justice police officer. This case judicial police civil official does to respond the grudge which is not the reason which is legitimate hereupon. With it opens a court, the gist of origin compared to in order it does authority security means of prosecution to the sacred place claim where the control measures which is powerful is becoming lapse characteristic of police investigation volume mortgage constitution Article 11, clause 2 protest by the requisition of the prosecuting attorney eliminates the and the compulsion investigation to recognize a sacred place claim opens a court with the law officer must present the hair and flesh one sacred place and the prosecuting attorney and the administration of justice police officer all it does but the crime regarding national law, At government employee crime back elder brother law itemized discussion against the other crime other than economic teacher back special law violating where the specific crime and the social ear and ripple effect are big in order it will be able to requisition the sacred place the administration of justice police officer to the direct law officer, it does, the administration of justice police officer is not, or arrest, the back prosecution which gives release volume and relationship of police with a trade name cooperation relationship from relationship of the upper life summer-wear investigation result appeal volume against the person who is bound in the nonrestraint investigation object compared to in the case which above arrest - arrest does not have a necessity in the administration of justice police officer it develops, It agrees a responsibility and an authority to police and it gives and must guarantee a complement of the prosecution the investigation of police against and supervision function thoroughly. Rational apportionment of investigation volume it leads and if prosecution and police during that time discord and antagonism composition it is bold and it throws away and the trade name from the restraint which is appropriate and balance inside the prosecution is complete in task of the origination which is a lawful result protection of human rights of the investigation, the police with oneself authority and sense of responsibility concentrates in the investigation and in the citizens the quality which it sees it is appropriate to investigation service timely it is high and it provides, trust of the citizen being recovered and it means administration of justice just realization becomes the big crux. But the judgement of all discussions the above is decided and by the logic of assertion or profit or force of which chill tube it knows assuredly and to become only from position of the citizen first priority to consider a citizen convenience, feed with the fact that must be decided it becomes.