형사소추기관의 구조개혁과 수사기관의 일원화

Structural Reform of Prosecutorial Organs and Unification of Investigational Structure

We have debated on the prosecutorial organs, the prosecution and the police, for a long time, but the matter still remains unsolved. In this thesis, I indicate the problems with the prosecution and the police. The former has an absolute power on the public action, having a lot of direct-investigation manpower autonomously, maintaining control of the police in the investigation. The latter is under control of the police administration order-system, which is as powerful as the prosecution. Thus there is a problem that the police assert independent investigation without an identity and professionalism. Above all, the current prosecutorial structure, which means two organs take charge of investigation doubly, is the main subject of this study. We must perceive that the current structure is causing the conflict between two organs, the inefficiency and unfairness of criminal prosecution. Because they investigate same affair separately without dividing according to jurisdiction. To reform this, at first, we must divide the prosecution's two functions, the investigation and the public action. And unify the prosecutorial structure by putting the investigation prosecutor and the judicial police to investigate together in the newly-organized authority for investigation. Then, assign a different function to each organ, the public action to the prosecution and the public peace to the police.