국정원 수사권 존치의 당위성에 관한 고찰

Controversy continues over the maintenance and abolition of the National Intelligence Service(NIS)’ investigative rights. As a result, it is necessary to draw up a conclusion through a comparative review of the process of the change of the NIS’ investigative rights, legal and institutional grounds, analysis of cases involving foreign countries, and positions in various group. The results of the study are as follows. The agency’s rights to conduct security investigations has been functioning since it was introduced with the creation of the Central Intelligence Agency in the face of political upheaval in Korea. Security investigations need elite investigators with expertise and require high security in the process. Only 30 out of 82 countries do not have the investigative rights, while many countries’ intelligence agency owns the investigative rights. Major advanced countries are seeking integration of intelligence and investigation functions in order to effectively cope with transnational security threats. Concerns about human rights violation and abuse of authority can be resolved by strengthening legal and institutional devices and establishing practices for compliance with legal procedures. Therefore, it is appropriate for the NIS to retain its investigative rights.