부패범죄 관련 '사법협조자 형벌감면제도' 도입 검토

The paper reviewed the introduction of the system based on foreign legal systems and domestic arguments regarding the ‘the Immunity and Sentence Reduction System for Judicial Cooperatives’. It is also true that other developed countries have introduced this system and should consider introducing it in relation to the UN's Transnational Organised Crime Prevention Convention (UNTOC). But it must be considered together that our situation is very different from the countries that introduced the system. Also, UNTOC does not force the introduction of the system to any extent, just calls for necessary measures to be taken in accordance with the fundamental principles of national law. And the current legislation is not against the convention. So far, the Ministry of Justice (P.D.) and the pros have not fully resolved the objections raised in relation to the 2009 bill. Moreover, amid many problems and concerns, surveys of working-level officials in countries that have already implemented the system do not produce positive reviews. Under these circumstances, there is little reason for the urgent introduction of a new system by Korea, which is different from other countries, due to foreign adoption. Moreover, if it is a way of expanding the power of the prosecution, which is constantly pointed out by the overpower, it should not be rushed to introduce it. At present, it would be possible to find and implement ways to decentralize the power of the prosecution and effectively and democratically control the prosecution power, and to create a more desirable form of system considering the merits and demerits of foreign institutions. The bottom line is that the introduction of the Immunity and Sentence Reduction System for Judicial Cooperatives’as a new system should be prudent.