[특집/수사지휘권과 인권보장]경찰수사권 독립이 인권보장의 첩경

A Better Way to Protect Human Rights in Criminal Investigation Process in Korea： Separating Police Investigation Process from Prosecutors’ Power and Control

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.