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KICJ Research Reports

Research on Special Judicial Police (II) – Central Administrative Agency Non-Economic Ministries – 사진
Research on Special Judicial Police (II) – Central Administrative Agency Non-Economic Ministries –
  • LanguageKorean
  • Authors Jisun Choi, OH, Minji, JO, Ara, Hyojin Song
  • Date December 31, 2023
  • Hit20

Abstract

■ Purpose and Goal of the study


• Compared to the period of implementation of the long-term special judicial police system, the previous studies have very little information on the operation status or actual conditions of the system, and the previous research conducted in relation to it was also at a normative level, with limited institutional supplementation. Thus, the current study is designed as a comprehensive study to improve all aspects.

• Existing prior research is mostly normative research on some institutions or studies covering local governments and central administrative agencies in one study, arguing for the justification for the introduction of new special judicial policies and expansion of authority, and the lack of specialized training in some cases. Studies that pointed out problems were also conducted, but studies that directly investigated the practical operation status were very rare; the study was conducted to understand the operation status and prepare alternatives to reorganize the system and improve effectiveness.

■ Research Contents and Methods


○ Research Contents


• This three-year mid-term planning study investigated the overall operation of the special judicial police system of local governments and central administrative agencies to understand the current situation and suggest improvement measures. Accordingly, in the first year of research, a study was conducted on local governments' special judicial police, and improvement measures were derived for the development of local governments' special judicial police systems. In this study, the research target for the second and third years was set as central administrative agencies, and the research on special judicial police of central administrative agencies was conducted by dividing 36 agencies into non-economic and economic ministries based on the classification of the Supreme Prosecutors' Office


• The target organizations for this 2nd year non-economic central administrative agency research are the Ministry of Justice, Ministry of National Defense, Military Manpower Administration, National Fire Agency, Ministry of Culture, Sports and Tourism, Cultural Heritage Administration, Ministry of Gender Equality and Family, Presidential Security Service, Ministry of the Interior and Safety, National Intelligence Service, Nuclear Safety and Security Commission, Ministry of Food and Drug Safety, and Ministry of Health and Welfare. Cases in which there was no special judicial police agency or appointee discovered during the investigation were included, and cases of the Ministry of Culture, Sports, and Tourism's 'tourist guidance' work were additionally included. Reflecting the independent operation of the Cultural Heritage Administration, it was separated from the existing classification, resulting in 14 cases.


○ Research Methods


• Basically, the methods of literature research, case analysis and comparison, in-depth interviews and surveys, analysis of information disclosure request data, analysis of related overseas cases, and development of policy alternatives presented in the first year of research were also reflected in this study. Internal materials of the Supreme Prosecutors' Office, official materials such as related legislative proposals, and in-depth interviews with personnel from related organizations such as practitioners appointed as special judicial police officers, front-line prosecutors with command experience, and Criminal Division 2, the department in charge of special judicial police work at the Supreme Prosecutors' Office, and s and official s. An additional survey was conducted on situations that were difficult to secure with data.


○ Main Items of the Survey


• (Dedicated Organization) Whether a dedicated organization is operated and fully carries out investigative work, or a dedicated organization or department is established and operated, but the operating situation is determined, such as whether the affiliated special judicial police perform other administrative tasks in addition to investigative work.


• (Human Resource Management) The study looked at each ministry's special judicial police appointment process, procedures and management, duration of special judicial police status, and level of motivation for work, including incentives.


• (Specialization and Education) When special judicial police appointees are active in specialization through education and training, it tends to lead to cases of active operation, so we reviewed the current status of special judicial polices in each ministry.


• (Cooperation and Cooperation) Cooperation within the institution includes internal assistance based on awareness of the importance and necessity of the special judicial police within the relevant institution and the content of the work, and special police departments are deployed at various central administrative agency branches across the country. The level of cooperation between them was identified, and the relationship with the effectiveness of the special judicial police's work was examined. As for cooperation outside the agency, the relationship between the national police, who may be in a cooperative relationship when investigating or investigating a case, and the prosecution, which requires cooperation when receiving investigative orders or transferring a case, was identified.


• (Institutional Operation Infrastructure) The study sought to understand the level of facility construction, including the research environment, and reviewed matters regarding the level of material infrastructure, such as the related budget. In addition, the level of policy demand that can serve as the basis for system operation were reviewed.


■ Overview of Special Judicial Polices of Non-Economic Central Administrative Agencies and Ministries


○ Appointment and Duties


• In the case of special judicial police in most non-economic central administrative agencies and ministries, they can exercise judicial police power upon appointment from the competent district prosecutors' office. Although it is stipulated in the law that 'appointments' are received from the competent district prosecutors' office, in actual procedure, each ministry submits a list of special judicial police officers, and the competent district prosecutors' office confirms the appointments after reviewing whether the appointees are disqualified. Even when a ministry requests 'command' from the prosecution to perform its work, it is often considered a case of 'assistance' and 'cooperation' by the prosecutor to resolve or forward the case rather than a case of 'command' led by the prosecutor in the field. In the case of some local prosecutors' offices, there are cases where they have been designated as 'Major Prosecutors' Offices' that specialize in investigating specific fields, but not all fields are connected to the special judicial police’s investigation.


• Special judicial polices of each central administrative agency are generally subject to the Judicial Police Service Act. Articles 5 and 6 specify the scope of appointment and work details. In addition, according to Article 12 of the Judicial Police Service Act, 'The head of the government office to which the judicial police officer belongs may establish a department dedicated to the judicial police's duties in order to efficiently perform the duties.' Accordingly, it was found that some non-economic ministries of central administrative agencies have established and are operating dedicated departments. The ministries that specify special judicial polices of non-economic ministries of central administrative agencies in the directives or regulations related to special judicial polices of each ministry include the Ministry of Justice's Correctional Facilities and Probation Offices, Military Manpower Administration, Copyright Protection Division of the Ministry of Culture, Sports and Tourism, Cultural Heritage Administration, Nuclear Safety and Security Commission, Food and Drug Safety, and Ministry of Health and Welfare.


• Special judicial police officials are civil servants who are appointed by prosecutors and can exercise judicial police authority. Personnel transfers are generally made according to the rotation of positions in the affiliated ministries, but in some agencies, according to the Presidential Decree on management of positions by position type and designation of professional positions, etc. The appointment period is secured by applying the Civil Service Appointment Ordinance.


○ Related Legislative Proposals


• As a result of reviewing all related legislative bills proposed during the 20th (2016 to 2020) and 21st (2020 to 2024) National Assembly, a total of 68 related legislative bills were classified based on the purpose of the proposal. 36 cases of establishment of special judicial police investigative authority, 24 cases of expansion of investigative authority, 1 case of adjustment of investigative authority. It was found that most of the proposals were the establishment of new investigative powers of special judicial police, followed by the expansion of investigative powers, with one case for specialized training and one case for modification of expulsion.


○ Official Statistics on Operation Status


• As of 2022, there are a total of 13,995 special judicial police officers appointed by central administrative agencies and special police officers from local governments. Among all central administrative agencies, special judicial polices in non-economic ministries, the main target of this study, accounted for 28.1% (3,934 people) of the total personnel, and among them, 89.2% were mostly from the National Fire Agency (2,213 people) and the Ministry of Justice (1,298 people). It was confirmed that the Ministry of National Defense's special judicial police numbered 247 people, and that they were also integrated into the Investigation Headquarters, Army, Navy, Air Force, and Counterintelligence Command, and their current status was being monitored. In addition, 20 to 30 special judicial polices were appointed for the Military Manpower Administration, Ministry of Food and Drug Safety, Copyright Protection Division of the Ministry of Culture, Sports and Tourism, Nuclear Safety and Security Commission, and Presidential Security Service, while less than 15 special judicial polices were appointed for the Cultural Heritage Administration, Ministry of Health and Welfare, Ministry of Gender Equality and Family, and Ministry of Public Administration and Security. Personnel are designated as special judicial polices.


• In general, in the case of special judicial polices in non-economic ministries, the specialization rate appears to be measured relatively lower than in economic ministries. Among the special judicial polices of non-economic ministries, the rate of organization dedicated to investigation was found to be high in the following order: the Ministry of Health and Welfare 100%, the Military Manpower Administration 77%, the Ministry of Food and Drug Safety 74%, the Copyright Protection Division of the Ministry of Culture, Sports and Tourism 67%, the Ministry of National Defense 54%, and the Ministry of Justice 28%. The Military Manpower Administration, the Copyright Protection Division of the Ministry of Culture, Sports and Tourism, the Nuclear Safety and Security Commission, and the National Intelligence Service showed a 100% self-delivery rate, while the Ministry of Food and Drug Safety also had a 99% rate, the Ministry of Justice 97%, and the National Fire Agency. It showed a high self-case process rate of 96%


○ Prior Research


• The special judicial police system has been in operation for a long time since the enactment of the Judicial Police Duties Act in 1956, but there has not been much discussion about the special judicial police through academia and policy reports. In particular, it is difficult to find previous studies in the academic and policy fields that seek to comprehensively understand the overall operation of the Special Judicial Police and identify institutional improvement measures.


• Research on the Special Judicial Police (Ⅰ) published by the Korean Institute of Criminology and Justice in 2022 comprehensively examines the recent 10 years of research (2011 - 2021) related to the Special Judicial Police System. According to the study, 73 prior studies on special judicial police were published over a total of 10 years from 2011 to 2021, of which 63 studies, excluding 6 research reports and 3 theses, were academic papers.


■ Special Judicial Police Related to Public Safety


○ Ministry of Justice


• (Correctional Facilities) Special judicial polices at the correctional facilities have special judicial police authority to investigate and forward cases in prisons, local corrections offices, detention centers, and juvenile prisons. In correctional facilities, prior to the jurisdiction of the judicial police, each correctional facility's investigation department investigates violations by inmates within the correctional facility, takes full responsibility for administrative measures, and carries out the task of forwarding cases that require forwarding. With the launch of the Headquarters Special Inspection Team, which is the control tower for correctional facility special judicial polices, it appears that there has been a reorganization of the special judicial police organization within each institution. It was identified that there was a need to diversify the channels for securing the various specialized knowledge needed in the investigation process. It is expected that there will be a need to establish a consistent level of behavior or specific standards in correctional facilities to provide an appropriate basis for decisions on transfer, rather than relying solely on the discretion of investigators or institutional heads.


• (Crime Prevention Policy Bureau: Juvenile Detention Center and Classification Center) The Juvenile Detention Center and Classification Center, which are juvenile protection and entrustment agencies, are subject to the Judicial Police Service Act of 1956, as are correctional special inspectors. When enacted, It has been included and operated since. Similar to correctional facilities, youth protection and entrustment facilities also basically have a life guidance team designated within the facility to take disciplinary action when detainees violate rules, and it has been found that some of them are designated as special judicial polices. The main task of special judicial polices at juvenile protection and entrusted institutions is the investigation of disciplinary cases for violation of discipline, and it was found that the use of the special judicial police's unique judicial police power was relatively limited. It seems necessary to secure unified management and investigation and investigative expertise in the operation of life guidance (investigation and disciplinary action), which is generally a prerequisite for special investigation activities in juvenile protection and entrustment agencies. The Juvenile Protection Department of the main office comprehensively manages and supervises juvenile detention centers and classification reviewers, but since investigation and special investigation work is one of the various tasks managed and supervised by the Juvenile Protection Department, there are limits to careful management.


• (Crime Prevention Policy Bureau: National Legal Hospital) At the National Legal Hospital, a special inspector who has been granted the authority to investigate, investigate, and forward cases of patients under treatment in the hospital has been active since 2008, and has maintained its own system since the introduction of the system. It was calculated that 110 cases were transferred, 7 cases were reported to the prosecution, and 2 cases were reported to the police. Unlike special inspectors in general correctional facilities, patients with mental illness are admitted to the Justice Hospital, so understanding the characteristics of patients and the atmosphere in the ward seems to be very important in performing the duties of special inspectors. In the case of legal hospitals, relevant job training is very important as the role requires an understanding of the legal hospital, expertise, and investigative skills. However, because the actual size of the workforce performing this role is very small among the entire Ministry of Justice and Special Judicial polices, there may be limitations in planning specialized job training.


- (Crime Prevention Policy Bureau : Electronic Supervision ) The Electronic Supervision Special Investigation Service, introduced by the Ministry of Justice and operational since June 2021, plays a crucial role in investigating and forwarding cases related to violations of the Electronic Device Attachment Act. These violations include damage to devices and escapes by individuals attached to electronic devices. Despite the short period since its introduction, the system has achieved significant results, with 1,770 cases booked, 1,657 cases forwarded, and 1,623 indicted. Discussions within the Electronic Supervision Department regarding the expansion of the special judicial police's work to include investigative powers for obstruction of official duties have faced challenges due to limitations in the current law. The rapid investigation team emphasizes the significant need to broaden the scope of authority related to obstruction of official duties in the field.


- (Immigration and Foreigner Policy Headquarters ) Immigration officials' special judicial police duties, carried out under the authority of special judicial police through the revision of the Judicial Police Service Act in 1962, have seen self-transfer cases ranging from 200 to 300 per year for the past three years. Their investigations target numerous cases of false invitations, often involving illegal entries facilitated by brokers, with fake marriages being a representative example. Immigration control special judicial police staff recognize the need for a dedicated organization separate from the current investigation department to enhance professionalism and work efficiency. The chapter references examples from the U.S. Immigration and Customs Enforcement (ICE).


○ Ministry of National Defense


• The Ministry of National Defense's Special Judicial Police is responsible for the same matters of crimes related to military supplies and crimes related to the Military Secrets Protection Act, but the detailed agencies such as the Defense Investigation Headquarters, Army, Navy, Air Force, and Armed Forces Counterintelligence Command each have different characteristics. In the case of military agencies, unlike other central administrative agencies, they are differentiated in that investigators who are performing basic investigative work as military legal police officers perform special police work.


• (Defense Investigation Headquarters) The Ministry of National Defense Investigation Headquarters is organized into four staff departments and four units, including the Planning Office, the Security Intelligence Service, the Inspector General's Office, the Legal Affairs Office, the Death Complaint Investigation Team, the Forensic Research Institute, and the Armed Forces Prison Service. For domestic safety, it carries out police work that supervises the Army, Navy, Air Force, Marines, and Military Police. Unlike other special judicial polices, the Special Investigation Headquarters Special Investigation Department is an organization specialized in investigations and appears to have a very high level of expertise in investigation. The revision of the Act on Special Measures for Military Supplies has not undergone consistent changes since 2009, and is currently in a somewhat unreasonable state. As a result, it has been shown that if important equipment is leaked from within the military, it is almost impossible to crack down on it under the current law.


• (Army) The Army Special Forces has been performing related work since 1966, but the establishment and operation of a special investigation team are relatively recent. The Army's Central Investigation Team is in charge of the defense industry, and the Economic Crimes Investigation Team is currently active. The team is comprised of five special judicial polices, and their duties are secured according to the special judicial police's designation, so case processing, investigation command, and information sharing are carried out efficiently.


• (Navy) The Navy Special Judicial Police has been carrying out tasks to prevent crimes related to military supplies and maintain the safety of naval bases since 1966. Depending on the identification card issued by the Prosecutor's Office, special judicial polices are divided into two missions: the Military Base Protection Act and the crackdown on crimes against military supplies. This is a measure to effectively respond to the special protection of military bases and the crackdown on crimes.


• (Air Force) The Air Force Special Judicial Police not only cracks down on and educates on illegally distributed military supplies and similar military supplies but also deals with criminals and confiscations (recovered items) in accordance with laws and regulations, cracks down on the illegal distribution of U.S. military supplies in Korea, and conducts enlightenment activities, and other activities related to illegal military supplies. Doing work. In August 2014, the Air Force Special Judicial police directly transferred one case to the Suwon District Prosecutors' Office, a civilian residing in Pyeongtaek, Gyeonggi Province.


○ Military Manpower Administration


• The Military Manpower Administration has formed a special judicial police team to respond to the problem of military service evasion since 2010, and with the introduction of the special judicial police in 2012, 39 special police officers were appointed to the headquarters and regional offices. Afterwards, the Military Manpower Administration strengthened the expertise of special judicial police and operated the system through constant operational updates. Currently, 40 special judicial polices are assigned to the headquarters and regional offices and are mainly responsible for cracking down on and investigating acts of evading military service.


• Special judicial polices mainly perform duties at military service inspection sites and focus on investigating suspected evasion. However, since the investigation is not continuous, additional work is also performed in the field, and there are opinions that a period of adjustment is necessary because first-time appointees may have a low understanding of the work. The Military Manpower Administration's special judicial police is making continuous efforts to establish a cyber investigation department and strengthen evasion prevention policies for more effective operations. In particular, recently, it has actively cracked down on acts that encourage military service evasion in cyberspace, and has established a plan to increase cyber investigation capabilities following the epilepsy 'military service evasion broker' incident.


○ National Fire Agency


• The National Fire Agency's special investigation department was created through the revision of the Judicial Police Service Act in 1961 and has been carrying out the task of investigating fire-related crimes and collecting related evidence for a long time. Since the establishment of the National Fire Agency in 2017, all firefighters, who had been divided for nearly 50 years, were converted to national positions in April 2020. The Special Judicial police also experienced significant changes in organizational size and status, and the organization still appears to be in the stage of adapting to the changes.


• In the case of firefighting affairs, regional specificity is very strong and it is operated differentially depending on the region, so it appears that a small number of dedicated special judicial polices are performing the minimum management work at the central level. In addition, separate legal and institutional improvements are being carried out. It is found that there is no part. Practical limitations and improvement measures in the field are also expected to differ depending on the region, and this was covered in the first year of research conducted on local governments. Considering the organizational specificity, the issue of the improvement of fire-related laws appears to be the highest priority regarding the practical and legal limitations and improvement measures of the National Fire Agency's special judicial police.


■ Special Judicial Police Related to Civic Life


○ Ministry of Culture, Sports, and Tourism


• The Copyright Special Judicial Police, one of the currently active special judicial police fields, is under the Ministry of Culture, Sports, and Tourism. As a result of the government reorganization in 2008, some special judicial police units previously under the Post Office were transferred to the Copyright Industry Division of the Ministry. I was assigned to carry out investigative work. The Copyright Special Judicial Police can be viewed as a department in charge of the Copyright Protection Department, given that all of its designated personnel are affiliated with the Copyright Protection Department of the Ministry of Culture, Sports, and Tourism. However, not all members of the Copyright Protection Department are engaged in investigative work, so there are limits to viewing it as an investigation organization in the strict sense. All members of the Copyright Protection Department are designated as special judicial police, but in reality, about 20 of the 28 special judicial police are performing their duties as investigators.


• Copyright special judicial police are experiencing work limitations due to a lack of investigative manpower compared to social demands. In terms of expertise, the Ministry of Culture, Sports, and Tourism's copyright special judicial police currently have a high proportion of long-term special judicial police, and work exchanges between members are active. Members' investigative expertise is also high. In particular, the presence of the Daejeon Office as a 'patent crime-focused prosecutor's office' and the Korea Copyright Protection Agency as a cooperative organization supporting copyright investigations appear to be important factors that can activate the Ministry of Culture, Sports, and Tourism's copyright special judicial police.


○ Cultural Heritage Administration


• As of 2022, the number of special judicial police at the Cultural Heritage Administration is 14, of which three from the headquarters are assigned to the Cultural Heritage Offender Enforcement Team and are performing special judicial police duties. The crackdown team is maintained as part of a specific department, so there are limits to seeing it as a dedicated investigation organization in the strict sense, and the dedicated personnel are not currently solely in charge of investigative work. In the case of the increased manpower in 2021, one person is assigned to each institution belonging to the Cultural Heritage Administration, such as research institutes, so the appointed special judicial police work scattered throughout the country. As there were only four special judicial police appointed until 2021, investigations have been supported in the form of joint investigations rather than direct investigations, but efforts are currently being made to increase the proportion of direct investigations. 


• Personnel dedicated to investigation are also carrying out routine administrative tasks, so they are effectively in a state of concurrent employment and are experiencing limitations in carrying out investigative work and developing investigative expertise while performing daily tasks. Future improvements in the legal system are also expected, along with the revitalization of the Cultural Heritage Administration's special judicial police system and the strengthening of internal support at the ministry level.


○ Nuclear Safety and Security Commission


• Currently, the 24 people appointed work in the Nuclear Safety and Security Commission's audit and investigation officer's office and each department in charge of the penalty provisions, and among them, there are two investigation personnel dedicated to the audit and investigation officer. In the case of dedicated personnel, personnel with investigative expertise, such as those from the police or prosecution, are selected and assigned through experience recruitment. A concurrent special judicial police working in the relevant department performs unique administrative tasks and supports the headquarters' investigative activities in times of emergency. Although there are dedicated personnel belonging to the audit and investigation officers and they directly carry out the investigation, it is difficult to view the audit and investigation officers as a dedicated organization.


• The high level of investigative expertise of dedicated personnel may be the reason why 5 to 10 cases are being transferred every year despite a small number of personnel. To ensure smooth special investigation activities, the Nuclear Safety and Security Commission is in the process of introducing its own investigation work system and is also carrying out various capacity development activities to improve field expertise and investigative expertise. Although the Nuclear Safety and Security Commission's investigative personnel have relatively high investigative expertise, they are currently experiencing difficulties in the investigation as they are performing various routine tasks (e.g., submission of requested materials, etc.), so securing additional dedicated personnel is necessary for active special investigation activities. It seems necessary.


○ Ministry of Food and Drug Safety


• The Ministry of Food and Drug Safety was originally affiliated with the Ministry of Health and Welfare, but the organization has undergone changes due to separation and promotion, and the scope of work of the special judicial police has also gradually expanded. In the revised law on March 23, 2013, the Ministry of Food and Drug Safety was first listed in Article 5, Paragraph 28 of the Agricultural and Fishery Products Origin Label, etc., and the scope of duties was expanded to include sanitary products in 2023. Discussions are actively underway.


• The number of cases sent by the Ministry of Food and Drug Safety over the past three years is 284 in 2020, 268 in 2021, and 179 in 2022, which is relatively high compared to other ministries. Public interest in the work of the special judicial police is also high as it is closely related to daily life. There is a lot of interest within the Ministry of Food and Drug Safety, and the special judicial police's work can be seen as one of the preferred departments. In addition, the cooperation system with the Western District Prosecutors' Office, which has been designated as a 'Food and Drug Safety Focused Prosecutor's Office' since 2014, is also well established. In terms of manpower, 5 years of service is guaranteed through the specialist officer system, and the system is well established to ensure the stable operation of the special judicial police organization and work by introducing its own education and training system.


○ Ministry of Health and Welfare


• In the case of the Ministry of Health and Welfare, a total of 10 people (11 quota) within the ministry are currently appointed and serving as special judicial polices. Among them, two special judicial polices (maximum number of three) have been appointed in the medical field. In the field of crackdown on illegally opened medical institutions, they cooperate with city/provincial special judicial police officials for investigation, conduct administrative investigations and police investigations into medical institutions suspected of opening illegally. We are carrying out requests, etc. Meanwhile, a total of 8 special judicial polices in the welfare field are working under the Inspector General's Welfare Benefit Investigation Officer, a dedicated organization. Previously, the method of requesting investigations to local governments was maintained, but recently, direct investigative activities have been attempted at the central level as well.


• At the central government level, the Ministry of Health and Welfare's special judicial police is not yet very active. It is believed that the main investigative activities are being carried out at the level of some local governments where the special judicial police system is active. Looking at the practical limitations of the Ministry of Health and Welfare's special judicial police system and improvement measures derived from the survey, both the medical and welfare fields are currently experiencing limitations due to a lack of investigative manpower, and in addition, personnel appointments through regular personnel appointments and repeated rotational work are it appears that practical limitations commonly experienced by some ministries, such as the lack of business continuity due to the law and the difficulty in improving investigative expertise due to the education system after the selection order, are being similarly revealed.


■ Comprehensive Diagnosis of Special Judicial Policies of Non-economic Central Administrative Agencies and Ministries


○ Summary of Operation Status


• (Dedicated Organization): There is an organization dedicated to special investigation; there are related departments or units, and the special investigation is in charge of investigative work. However, examples of cases in which existing investigators within the ministry are not designated include the Ministry of Justice's electronic supervision, the Military Manpower Administration, and the Ministry of Food and Drug Safety. In the case of the Ministry of Justice's Legal Hospital and the Ministry of Defense's Military Logistics Division, there is no special organization dedicated to the investigation, but there is an investigation-related department, and the special judicial police are in charge of the investigation, with existing investigators appointed as special judicial police. In particular, in the case of military special judicial police, there is a characteristic that military investigators carry out cases within the military as their main task and additionally perform special judicial police duties. The Ministry of Culture, Sports, and Tourism and the Nuclear Safety and Security Commission do not have personnel to perform existing investigative work within the ministry, but the investigation and investigation-related departments and personnel are the 'Copyright Protection Division' and the 'Monitoring and Investigation Officer', and the special judicial police are in charge of the investigation and investigation work. The Nuclear Safety and Security Commission also has an audit and investigation officer as a department related to investigations and investigations, but there is no dedicated investigation organization, and a small number of people within the department are solely responsible for investigative work.


• (Human Resources Management): In the case of the Military Manpower Administration, 40 special judicial police are managed and supervised by the headquarters, and the system has been strengthened to ensure long-term service of up to 4 years in specialized positions to secure expertise. In addition, in personnel uations, experience working as a special judicial police was considered advantageous, and efforts were being made to secure investigative professionals, such as hiring special judicial police who were former military investigative officers. In the case of the Ministry of Food and Drug Safety, all designated special judicial police working in local offices belong to the 'Central Investigation Team for Harmful Crimes,' a central investigation organization. The central organization serves as a control tower for investigations and investigations and is responsible for operating policies within the organization and specializing in investigations regarding career management. Efforts are underway to secure manpower. The Ministry of Culture, Sports, and Tourism's designated special judicial police are all affiliated with the Copyright Protection Division and serve as a control tower for investigations and investigations, and efforts are being made to secure investigative experts.


• (Specialization and Training): In the case of the Ministry of Food and Drug Safety, in addition to the theoretical training regularly held by the Legal Research and Training Institute, practical training, case training, field training, and self-training are planned and operated, and work performance know-how can be directly passed on to new investigators. Mentoring training is also operated internally. Accordingly, various competency development trainings to improve field and investigative expertise are very active. In the case of the Ministry of Culture, Sports, and Tourism, in addition to theoretical training regularly held by the Legal Research and Training Institute, it participates in regular meetings held through the Daejeon District Prosecutors' Office and some job training held by the police. There are long-term employees, so field training among members is active. The ministry does not operate its own education and training system. In the case of the Military Manpower Administration, electronic supervision, and legal hospital special judicial police, they basically receive theoretical training from the Legal Research and Training Institute, and also receive practical and case training through cooperative relationships with mentor prosecutors in charge of their work.


• (Cooperation and Relations): In the case of the Ministry of Food and Drug Safety, awareness and interest in special judicial police within the organization are high, so internal cooperation can be said to be active. In terms of external cooperation, there is a key prosecutor's office to maintain a smooth cooperative relationship with the prosecutors. I'm doing it. The Ministry of Culture, Sports, and Tourism also has a high level of awareness and interest in the special judicial police within the organization as the activities of the copyright special judicial police have recently been highlighted in society. In terms of external cooperation, there is also a key police agency that is achieving smooth cooperation with the prosecution. In the case of the Military Manpower Administration, there is no key prosecutor's office, but cooperation is continuing through a close relationship with the Daejeon District Prosecutors' Office. There is high awareness of the work of special inspectors within the organization, and it is recognized as an important task, so the level of cooperation within the organization is judged to be high. In addition, the subject of operation, management, and supervision of the special judicial police was clear, and the level of cooperation between the special judicial police was also very high.


• (System Operation Base and Infrastructure): In the case of correctional facility special police, as it has been in operation for a long time, it is equipped with basic physical infrastructure such as an interrogation room for basic investigation and investigation, and is also equipped with necessary tools such as handcuffs, protective gear, and triple batons. An order from the Ministry of Justice regulates the operation of the Correctional Special Judicial Police, and as awareness of the need for special judicial police within the ministry has recently increased, it is understood that a management organization such as a special inspection team has been launched. In the case of the Military Manpower Administration, it appears to be equipped with a kind of investigation room for interrogation and basic investigative tools. The Military Manpower Administration directives regulate its work, and the level of awareness of the need for special judicial police within the ministry appears to be very high. In the case of the Ministry of Culture, Sports, and Tourism, the Copyright Special Judicial Police Operation Regulations stipulate the duties of copyright special police officers, and the level of awareness of the need for special police officers within the ministry is also high. Although there may be room for disagreement, the investigation /investigation environment and tools are also evolving in terms of strengthening cooperation with domestic and foreign public and private sectors and specializing investigations such as forensics, so it can be judged that the system operation base and infrastructure are developed.


○ Survey on Public Officials’ Perceptions of Special Judicial Polices


• (Awareness and designation of special judicial police): The number of respondents who knew about the ‘special judicial police’ was 60.0% (364 people). All respondents (42 people) who had experience in appointing special judicial police responded that they knew about the special judicial police, but among respondents (565 people) who had no experience in appointing special judicial police, 57.0% (322 people) said they knew about the special judicial police. In addition, if the person had no experience of being appointed as a special judicial police officer, awareness of the special judicial police officer was low. The proportion of respondents who had experience in being appointed as a special judicial police officer was only 6.9% (42 people), and most of the respondents, 93.1% (565 people), had no experience in being appointed as a special judicial police officer.


• (Status of special judicial police appointment work): The largest number of respondents (33.3% (14 people)) said they had performed special judicial police duties for less than 1 year, followed by 26.2% (11 people) of those who said they had worked for more than 1 year but less than 2 years. 59.5% (25 people), more than half of the respondents with experience of being appointed as a special judicial police officer, answered that they had performed special judicial police duties for less than 2 years. Among the respondents (42 people) who had experience in being appointed as a special judicial police officer, 47.6% (20 people) responded that they voluntarily applied to be a special judicial police officer at the time of appointment. It was found that special judicial police work accounts for 39.2% of all work on average. The average overall response for satisfaction with the Special Judicial police's work was 3.12 points out of 5, showing a level of satisfaction slightly above the average level. The average overall response was 3.76 out of 5, indicating that the difficulty of the task was perceived to be above the average level. The average workload response was 3.64 out of 5, indicating that the workload was perceived to be above the average level. The average overall response was 3.46 out of 5, indicating that the perception of cooperation with the prosecution was above the average level. The overall response average was 3.50 points out of 5, indicating that the level of cooperation with the police was above average, and it was also at a similar level to the previous response regarding the level of cooperation with the prosecution (average score of 3.46 points).


• (Training and Education): The average overall response was 3.05 points out of 5, indicating an average perception of whether theoretical training was sufficient, slightly above the average level. The overall response average was 2.83 out of 5, indicating that there was a prevailing perception that practical training was insufficient. The average overall response was 3.10 out of 5, indicating that the average perception of whether job training was sufficient was slightly above average. Among all respondents, 78.6% (33 people) chose practical training as the most necessary education, followed by field work through personnel exchanges at 9.5% (4 people), and theoretical education and job training at 4.8 % (2 people) each. It followed.


• (Limitations and improvements of the special judicial police system): The largest number of people (9) said that investigative expertise and dedicated training are needed, and 3 people said that the number of people needed to be expanded due to excessive work, and that an organic cooperation system with related organizations is needed. This opinion was followed by 3 people. Additionally, there was one opinion (one person) that internal support was needed.


• (Necessity of a special judicial police system): The overall average score was 3.74 out of 5, indicating that the degree to which a special judicial police system is necessary for their respective ministries is perceived to be above average. The overall average score was 3.67 out of 5, indicating that the overall need for the special judicial police system was above average, but the perception of necessity was lower than the degree to which the special judicial police system was needed for the department they were affiliated with (average score of 3.74 points). The largest number of responses (37.1% (225 people)) said that there are areas in which special judicial police designation is additionally needed, but most of the responses were 1) existing special judicial police duties, 2) duties included in the police authority, or 3) As the work was currently under discussion, it was difficult to find a particularly new work area.


■ Conclusion and Suggestions


○ General Issues and Policy Suggestions for the Special Judicial Police System


• (Legal Issues of the Special Judicial Police System) Excessive expansion of the special judicial police economic system based on public safety and expertise may ultimately lead to the overcriminalization of violations of administrative regulations. In addition, although the most important factor in the characteristics of a special judicial police is 'professionalism', the reason why the special judicial police's expertise is often pointed out is that, although a special judicial police is an expert in the relevant work, he or she is not an expert in criminal investigation. In order to improve the investigative ability of special judicial polices, there is ongoing discussion that it is necessary to review the introduction of a test that can verify investigative expertise, a criminal law-related exam system, and the introduction of training to improve investigative expertise. Lastly, the non-economic central administrative agencies and ministries have expanded the scope of special judicial polices through numerous revisions, but it is necessary to review each regulation in detail to confirm that it has not been revised or abolished.


• (Practical Issues of the Special Judicial Police System) Consistent management supervision and human resource management achieved by operating a dedicated organization serve as the core foundation and driving force for each special judicial police to effectively perform its duties. In addition, the existence of a dedicated organization is important as an indicator of how important each ministry considers its work. In particular, in order to establish new special judicial police authority, it can be said that efforts to establish a dedicated organization in each ministry are essential. Although many stakeholders agree on the need for professional education related to investigation, there is currently no system that mandates or enforces it, so students can take the education voluntarily. As a result, the lack of specialized investigative education is causing difficulties in carrying out investigative work, and it can be said that it is time to take an active and systematic response to this. In some departments, a favorable view of the Special Judicial police and active exchanges were good examples of improving the efficiency of the Special Judicial police's work, but in other departments, passive work performance was noticeable. In particular, active efforts are needed to increase the level of exchange and cooperation between special judicial polices and police officers in departments where management and supervision are possible, such as the headquarters. Considering such diversity and negative cases, in order to strengthen and efficiently manage the cooperative relationship with the Special Judicial police, it is important to strengthen cooperation between ministries and regions and to establish an active support and management system at the headquarters. In order for the special judicial police system to operate effectively and improve its effectiveness, it is essential to establish a consistent level of system-based infrastructure. It is judged that an organization for comprehensive management of special judicial polices of central administrative agencies is necessary. Through this, efficient and transparent management of the operation of the system will be possible, and support will be provided to ensure that the role and authority of the special judicial police are clearly implemented. It is important to systematically inform work details through an integrated management system. There is a need to effectively publicize the performance of ministries and special judicial polices, while strengthening external awareness by emphasizing particularly important events and achievements. Through this, we will be able to strengthen communication with the public and demonstrate transparent business operations.


○ Limitations and Implications of the Study


• (Limitations of the Study) In carrying out this study, due to the absence of an entity that integratedly manages the special judicial polices, significant difficulties were encountered in the process of seeking cooperation from the special judicial polices of each organization. Collecting statistical data was also another challenge. In addition to the prosecution statistics, the process and results of collecting statistical data related to each agency and the entire special judicial police had a very subtle contribution to this study. As this study attempted to comprehensively examine the special judicial polices of non-economic central administrative agencies and ministries, there are limitations in not being able to examine the special judicial polices of each agency intensively and in detail. (Implications of the Study) It is expected that it will be useful as basic data for initial research on the special judicial police of central administrative agencies, which have been absent so far. In the future, we hope that institutional and comprehensive research will be conducted long-term and systematically. In particular, it is important to establish an efficient cooperation system and ensure transparency of statistical data to increase the reliability of research. In addition, it is necessary to supplement the absence of prior research through additional research and find ways to strengthen collaboration between various organizations to comprehensively review organizations with different characteristics.

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