검사의 공소권통제에 대한 시민참여제도

Our Criminal Procedure Code acknowledges Charges exclusive attention and Principle of discretionary prosecutions on public prosecution of Articles 246 and 247. Therefore, prosecutors are fully in charge of authority and have extensive discretion. Therefore, to overcome such problems, prosecutor's prosecution monopoly is acknowledged and when non-prosecution is decided, if victims adopt dissatisfaction instead of readjustment measures such as a complaint, a system through which the public participate in the prosecution procedure or problems can be solved through criminal deliberation committee should be developed. If the problems are not solved with such measures, for insignificant crimes, private prosecution or Principle of discretionary prosecutions is recommended rather than principle of legal prosecutions in constitutional and criminal policy perspectives. However, for serious crimes, principle of legal prosecutions is recommended rather than prosecutor's discretion. Therefore, if a pre-control system can be introduced centering on Grand Jury of the U.S.A., Prosecution Review Commission of Japan, Private Prosecution of Germany and the Civil Participation System that has been implemented without 1the legal binding force since 2003 can be legislated and activated, the public will pay more attention to lemented without lthe and academic circles will participate in it more positively. In the future, basic rights of the people will be guaranteed and their trust in lemented without lthe will be improved, which will bring big changes to criminal and judicial systems. This paper consisted by following chapters. 1. Introduction 2. Civil Participation System in Domestic Indictment Process 3. Civil Participation System in Foreign Counties 4. An Examination of Domestic Civil Participation System and some Suggestions for its Full Implementation 5. Conclusion