개정 형사소송법상 재정신청제도에 대한 비판적 검토

The lawmakers of Korean Criminal Procedure Act in 1954 adopted the judicial ruling wether the decision not to initiate public prosecution are proper or not. When persons who lodge complaints or accusations are notified that the competent prosecutor will not institute public prosecution, they may apply for ruling with the competent High Court. But the military government limited the scope of its application to the crimes of public officials as referred to in Articles 123 through 125(abuse of authority, unlawful arrest and confinement, violence and cruel act) of Korean Criminal Act in 1973. Since then it couldn't have fulfilled it's function as a control instrument over the abuse of prosecutors' power. For a long time many people have demanded the Government for the extension to all crimes. And the President Committee on Judicial Reform(PCRJ) established in January 1. 2005 presented the Draft for revision of Korean criminal Procedure Act which contains amendments of the judicial ruling. By the Draft a person who lodge a complaint or an accusation on all crimes is notified that the competent prosecutor will not institute public prosecution may apply for ruling whether the decision is proper with the competent collegiate Panel of district court. But the newly revised Criminal Procedure Act in 2007 allowed only the persons who lodge complaints to apply for ruling and provided that the procedure of trial should be closed to the public. Furthermore it changed the quisi-prosecution system with the compulsory prosecution system. So many people criticizes that the system of the revised Act isn't a proper system to control the prosecutorial discretion. This study aims to analyze the problems of the revised judicial ruling system and to propose the solutions of it. In further, this study draws up the plans to enhance the efficiency of the reviewing procedure on the Prosecutor's decision.