검찰의 중립성제고를 위한 상설특검의 신설 방안 연구

Since the launch of Park Gun-Hye government, debates on the matter of permanent special prosecution and independent counsel have been intensified. One viable way to recover public trust in our prosecution service by securing political neutrality, is putting the politically sensitive cases away from the hands of prosecution service, and let the special prosecutors, or independent counsels handle such cases. However it should be noted, that for the special prosecution system to function properly, it is required to establish various pre- and post-control measures to prevent its abuse of power. As a pre-control measure, how the investigation be initiated should be clarified by law. The following could be suggested: special prosecution should investigate when 1) accused by 50 or more of National Assembly members, 2) accused by an independent counsel that effectively and constantly monitors corruption of the high-ranking officials such as presidential staffs, and the members of the presidential family, or 3) the Minister of Justice decides to refer the case to the special prosecutor, if the prosecution service recommends that the case be handled by the special prosecution system. As post-control measures, it is required 1) that prosecutorial discretion should be limited by compelling indictment when the charge is confirmed, 2) that the indictment should be made and maintained by the special prosecutor himself if the case is to be indicted, 3) that the special prosecutor mandatorily reports to the National Assembly on the procedures and the result of investigation. Finally, it is also advised that 4) the ‘Citizen’s Committee for the Prosecution’ be created, where lay citizens review non-prosecuted cases and compels prosecution for the case, like Japanese ‘Committee for the Inquest of Prosecution’.