검․경 수사권조정 합의안의 내용과 의미에 대한 일고

Considering the Contents and Signification of Government Agreement regarding Revision of Investigative Authority between the Police and the Prosecutions

In June 2018, the governmental delegate including Prime Minister, two ministers from Ministry of Justice and Ministry of Government Administration and Home Affairs reached an agreement regarding revision of investigative authority between the Police and the Prosecutions. The main points of the Agreements are (1) the Police is going to have the full authority to investigate crimes without interference/supervision from the Prosecutions prior to committing the case to the Prosecutions, (2) Giving away the prosecutorial jurisdiction over investigation to the Police. The Agreement necessarily involves lots of amendments regarding the investigative power structure between the Police and the Prosecutions. However, at the moment, the Agreement lacks both details regarding what positions need to be taken for the better of both investigative agencies and any possible revisions in constitutional law as well as criminal procedure. At the same time, the Agreement is being criticized to be an aggravating factor between the two agencies because it does not give any solution to fix the power structure issue when the Police refuses to follow the order or request made by the Prosecutions regarding the on-going investigations. In this Article, the writer tries to pinpoint the loopholes existing in the Agreement.