대선공약, 국정과제 이행을 위한 수사・기소 분리방안

To ensure human rights of the accused, the investigation and prosecution need to be strictly separated. The public prosecutor should not investigate and concentrate only on indictment function. The public prosecutor need to be granted a request for supplementary investigation. And to strengthen the responsibility of investigation, it is necessary to arrange for the police to autonomously judge whether or not to send the case to the public prosecutors. It is principle of discretionary sending criminal case to the public prosecutor. It is a departure strategy. Judical police officers should have diversion power. If the investigation and prosecution functions are separated, the investigation power is concentrated in the police. Therefore, it is necessary to distribute the investigation power from the viewpoint of human rights guarantee. So after separation of the investigation and prosecution, it is necessary to divide the investigative organization into three parts; the independent investigative agency which is generally called Gongsucheo, the national police and the municipal police. In order to exercise human rights-friendly investigative power, it is necessary to strengthen the investigation capability by restraining abuse of accusation. In order to do this, it is necessary to control the influx of criminal cases at the early stage of criminal procedure. Despite victim’s complaint, it is necessary to arrange for the police to autonomously judge whether or not to investigate criminal case. It is principle of discretionary booking or charging criminal case. It is an entrance strategy. The three differentiation of investigation power is necessary not only for guaranteeing human rights but also for fairness, neutrality and professionalism of investigation. High-ranking public officials' crimes including crime of judical police officers need to be investigated and indicted by the Gongsucheo. The national police need to investigate ①crimes related to national security and public security, ②nationwide crimes that go beyond the jurisdiction of municipal police, ③crimes requiring international cooperation, and ④crimes of social strong persons, etc CEO of major company. The municipal police need to investigate all crimes other than the jurisdiction of the national police.