검찰의 개혁, 특임검사제의 도입과 검찰권 행사에 대한 민주적 통제방안

Special Investigation System of Prosecutor, Prosecutorial Review Commission System and Grand Jury System

Judical reform, especially the reform of prosecutorial power has been raised constantly. After the case of "sponsor prosecutor( “sponsor” Jeong’s case)", the prosecutory authorities announced the plans of the reform of prosecutorial power in 2010. 6. The plans of the reform of prosecutorial power are the introduction of Special Investigation System of Prosecutor and Prosecutorial Review Commission System to prevent the prosecutors’ corruption. Meanwhile the new word of “Grandeur Prosecutor,” “Benz Prosecutor” has become the object of public concern. We could offer the plans to eradicate the prosecutors’ corruption from the viewpoints of the fairness of prosecutorial power and civil control on the authority of prosecutorial power, that is just the introduction of the Permanent Establishment of Special Prosecutor for the investigation of political corruption cases or constitution of 'Independent Commission against Corruption of Higher officers' and Grand Jury System in USA or Prosecutorial Review Commission in Japan. Because with the introduction of Special Investigation System of Prosecutor we cannot expect the fair probe of the prosecution. Also there will be an invalid system if there is no improvement of the problem in the Prosecutorial Review Commission System. In conclusion, we all have to consider the reform and improvement of the judicial system, especially the prosecutorial power from the viewpoints of introduction of the new investigation system and civil controll system.