1. Background and Purposes of Study
The purpose of this study is to actively support the government's preparation
of follow-up measures by discovering follow-up tasks to actualize the adjustment
of investigative authority between prosecutor and police officer, and preparing
detailed action plans such as General Investigation Rules.
2. Main Contents
a) Scope and limitations of investigation authority of prosecutor and police
officer
In adjusting investigation authority between prosecutor and police officer, the
principle of ‘separation between investigation and prosecution’, and the principle
of ‘limitation and restraint of direct investigation by prosecutors’ should be
observed. In particular, the subjects of direct investigation authority by
prosecutors prescribed in the Prosecutor's Office Act shall be understood to be
limitedly listed.
b) Mutual cooperation and deterrence measures after the adjustment of
investigation authority
If a prosecutor or police officer recognizes a crime that is not under
investigation jurisdiction, it is necessary to establish a Mutual Notification
Regulation. In addition, it is necessary to strengthen the responsibility of the
police investigation and improve their expertise by stipulating discretion in
relation to the police investigation.
c) Contents to be prepared in the General Investigation Rules established
by Presidential Decree
Regulations on the rights and obligations of the people should be strengthened
in the General Investigation Rules, and provisions on the principles of
investigation should be directly stipulated in the law, not in the presidential
decree.
d) Other follow-up tasks
Although subsequent legislation is incomplete compared to the original goal,
it cannot be assessed that it is complete. Therefore, it is necessary to conduct
a post-operational uation or system improvement based on trial and error
that will be collected in implementing these systems.
3. Summary of Suggestions
As time was running out to complete the reform, and there were few precedents
that could serve as a reference to the reform, we cannot expect legislation to
completely control every situation. Furthermore, confusion and conflict are
inevitable until all the reform tasks are completed and these systems are settled.
As such, policymakers should keep in mind that what they need to do now,
correcting errors to settle the system, may be more important than what they
have done so far.
As a follow-up to the adjustment of investigation authority, it is necessary to
consider the methods and subjects of the legislation of the scope of investigation
by prosecutors and supplement the legislation of special judicial police. In
addition, coordination of authorities related to the freezing of illegal assets is
also required.