검사의 불기소처분에 대한 재정신청 - 특히 재정신청기간과 재정신청서를 중심으로 -

The Constitution does not specifically provide direct provisions related to the subject, and procedure or the post control of indictment, and is considered to fall within the legislative policy of the legislator. Based on which the Criminal Prosecution Act maximally promotes a flexible operation of the Prosecutor’s Act, such as the principle of discretionary prosecutions. However, on the other hand, a revisement application policy, which controls the prosecutor’s right of exercising an indictment is being prepared. In 2007, the benefit of the applicant of such revisement was being optimally promoted through a general expansion of the scope of crime of appeal against the decision, while preparing a policy as a device to relieve the instable legal status of the victim and preventing the applicant’s reckless appeal against the decision. In this regard, the period of the appeal against the decision is restricted to ten (10) days in consideration of the disadvantage of the continued instability of the status of the defendant (or accused) that has received the prosecutor’s disposition not to institute a public action. However, since there is a lack to draft an appeal against the decision and the reason, the deadline should be legislatively extended to twenty (20) days from the date of receiving the notification, and it would be reasonable to adhere to the Special Convict Regulations in this case. Furthermore, the decision should be enabled to be appealed in light of the purpose of the policy after the court rules on the indictment by overlooking the fact that the defendant has not provided a sufficient reason.