헌법상 영장청구권 검사전속 규정의 현대적 의미와 검찰개혁을 위한 올바른 개헌방향

This paper examines the current meaning of the constitutional provisions which allow only the prosecutor to claim the court's warrant in criminal proceedings. It also deals with how to amend the Constitution if it is necessary to reform the prosecution system and the current rights and obligation of prosecutor only through the amendment of the Constitution. From the spring of 2017, discussions on the amendment of the Constitution are again resumed. The proponents of the amendment concerning the right to request a warrant of the prosecutor claim that the prosecutor’s exclusive right to request a warrant in the Articles 12 and 16 of the Constitution should be abolished as soon as possible. And they intend to eliminate the status of the judiciary authority of the prosecutors. Everybody knows that the corruption, the political dependence, and the abuse of authority by some prosecutors are standing behind this argument. The author of this article still acknowledges the judicial status of the prosecutor and insists on the prosecutor’s monopoly of investigation and indictment. This article argues that the prosecution's right to claim the warrant is still functioning to protect human rights by controlling the police. Several arguments from normative and factual perspectives are presented in detail. Above all, the author argues that it is necessary to state the judicial character of the prosecutor and to define the term of the Prosecutor General in the Constitution, to prevent corruption and abuse of authority caused by the political dependency of the prosecution.