검찰의 수사권 및 공소권 남용 연구 -한명숙 전총리 뇌물 수수사건을 중심으로-

The ex prime minister Han Myeong-sook trial for charges of bribery showed the typical example for the abuse of the prosecutor’s investigations power, prosecution power, the procedure power on the court. This study tried to overcome the abstract, traditional, and normative study on the abuse of the prosecutor’s investigations power, prosecution power, the procedure power on the court. Concrete and practical problems, tried to pull out vividly. In this study, it is confirmed that the prosecutors have abused the investigations power. The abuses of the investigations power are consist of the leak of the charge by the investigators, targeting investigation, coercion investigation, the plea bargaining and the omission of the investigation document. Further, the prosecutors abused the prosecution power by accusing even though the investigation was insufficient. This study noticed that this trial observed the important principles such as centered proceedings, public proceedings, direct proceedings and oral proceedings. Especially this trial showed the model form of the principle that only the material and statement which were presented on the court can be the base of the judgement. We confirmed that during the proceedings the prosecutors discovered the circumstance evidences which did not have any direct connection with the charge, that made the accused’s privacy public. That is the abuse of the prosecutors’ procedure power on the court. In this study, the specific and practical guidance for prosecutor’s investigations power, prosecution power and the procedure power is expected.