소년법상의 검사 결정전 조사제도에 관한 연구

The reformed Juvenile Act in 2007 has introduced the prosecutor pre-determination investigation system as complementary measures to principle of the prosecutor priority. Prosecutor can demand an investigation on a suspected juvenile to the special investigation organization before determination in juvenile justice by this system. The investigation has been enforced to 5,052 juvenile delinquents from 2006 to 2008. It has been enforced to 1,536 juvenile delinquents for the latter in 2008 that the reformed Juvenile Act had become effective. The purposes of the study are the following; to interpret the article 49-2 in Juvenile Act for the prosecutor pre-determination investigation, to analyze the enforced realities of the system, to examine validity on introduction of the system, and to consider matters of the enforced system and task to do next. The second chapter discusses definition, ideology, and history of this system. The third chapter analyzes the article 49-2 in Juvenile Act, Treatment Rule on Pre-determination Investigation of Prosecutor in Juvenile Justice, the enforced realities of the system, and statistical data. The fourth chapter examines validity on introduction of the system and principle of the prosecutor priority, and suggest several matters and tasks. Main contents of suggestion are the following; The first, it is necessary an arrangement of common articles about the prosecutor pre-determination investigation and the investigation in juvenile protection procedure in Juvenile Act. The second, it should be developed the standard risk assesment tool because there are two kinds of investigation organization. The third, it should be promoted the prosecutor pre-determination investigation and increased utilization of investigation results in juvenile justice procedure.