수사종결 권한의 경찰 부여와 경찰 권력에 대한 통제

검ㆍ경 수사권 조정안들을 중심으로

The issue of ‘adjustment of investigation authority’ presented in the ‘Reform Plan of the Power Agency’ of the present government does not exclude the possibility of direct investigation and does not offer clear classification standard for the scope of investigation. Thus it leaves the ambiguity of the overall scope of investigation. As for the separation of investigation and prosecution, which has been consistently claimed by the police, the prosecution still has an investigation function. Also, the police’s independent warrant request right and the right to terminate the investigation, which are considered as vital parts of independent police investigation, are omitted. Much of the specifics about police independence of investigation or separation of investigation and prosecution remain blank. Furthermore, there are concerns by civil society that cases of misuing National Security Law may reoccur when police are given anticommunist investigative functions. However, when looking at the rationale of the ‘power institution reform plan’ even after all these concerns, it can be found that the plan is to give authority back to the people. And that is planned to be done by focusing on ‘separation and reorganization’ of the auhtority given to each institution rather than targeting the ‘reformation’ itself. In short, the proposed reforms seem to conceive the possibility of the birth of another monster with the passage of time. This reform should be put in place to prevent the unnecessary process of this regressive volatility from being repreated. Of course, furthure discussions will be held on the National Assembly for the implementation of the such reformed measures. There are too many obstacles to overcome related laws, such as the police law, the criminal procedure law, and the National Intelligence Service Act, Also there are also a number of variables in the legislative process. In this regard, this paper will propose a direction for reforming the power institutions by analyzing the core contents of the important legislation submitted to the National Assembly in relation to the military institution reform plan.