한국 검찰, 무엇이 문제인가? : 제도적, 정치적, 인간적 측면 In the Aspect of system, politics and human = The Problem of Public Prosecutors in Korea

다국어 초록 (Multilingual Abstract)

The disbelief in Korean prosecutor is caused by historical, structural and systematic problems. The attempt to reform these problems is confronted by the withstand because prosecutors thought it might reduce their vested authorities. It admitted of no reformation because of political powers' intention to control prosecutors. From this point of view, full particulars will be described as follows.
First the problem of personnel administration is in the structure's that the President and the minister of justice have influence over the appointment to an prosecutor in. Thus the committee of prosecutor's personnel administration should be organized effectively, the appointing power should belong to the minister of justice, the estimation of a prosecutor should be considered in the operation of personnel administration and the frequent movement of post should be restrained. The principle of 'prosecutors oneness' that has a rule of order-obedience hurts the democratization and the fair function in the Public Prosecutor's Office. There is the way to correct false non-arraignment, the system of court's decision about prosecution, but its function is so limited. So the number of subject crimes should be enlarged within some bounds. The Public Prosecutor's Office and the ministry of justice are identified in composition, thus the absence of controling function raises systematic closet relation between the prosecutors and political powers. The additional method that the Attorney General cannot assume public office like the minister of justice for several years after his duty times is needed. There is no unconstitutionality because it is not a complete prohibition from assumption of public post but a limited prohibition. Despite the dispute about systematic effectiveness, we have to introduce the system of independent counsel in view of fairness security from public opinion. The prosecutor in Korea has the authority of control over police's investigation, but police's own authority of investigation is necessary. Finally, the executor who reform the Public Prosecutor's Office should be the committee of reformation which is composed of external personnel, not judicial officers.
Eventually, prosecutor is the guard of justice and order. Every reformation will be only makeshift without destroying underdevelopment of judicial organization and its internal culture, establishing the law education which make member's senses right and the opening judicial system.

목차 (Table of Contents)

• Ⅰ. 法. 權力, 檢察
• Ⅱ. 한국 검찰의 문제점
• 1. 檢察人事의 문제
• 2. 檢事同一體의 원칙
• 3. 裁定申請 對象犯罪 확대문제
• 4. 法務部의 기능문제
• 5. 檢察總長 任期制의 문제
• 6. 特別檢事制 도입문제
• 7. 檢察과 警察의 관계
• Ⅲ. 檢察改革의 主體
• Ⅳ. 맺는말 : 정의와 질서의 수호자?