「고위공직자범죄수사처 설치 및 운영에 관한 법률」의 헌법적 쟁점에 관한 연구

The bill on a new agency to investigate corruption by senior public officials, which caused much political and legal controversy, was passed by the plenary session of the National Assembly on December 30, 2019, and became an Act on January 14, 2020 by the president. The new agency to investigate corruption by senior public officials will be established as the independent organization not the prosecution under the prosecution's law. This is the first case in the constitutional history. Before and after parliamentary passage of the bill, it was alleged that the introduction of the new agency to investigate corruption by senior public officials was unconstitutional and that the government created a new organization favorable to the regime, questioning the political neutrality of the organization. In this paper, the validity of these arguments was reviewed from a constitutional perspective. It is not convincing that the argument that establishing an independent investigative agency by a law is unconstitutional. However, we can accept to a degree that the Act should not fully guarantee the political neutrality and fairness of the new agency to investigate corruption by senior public officials. Legislative measures to improve the deficiencies should be requested in order to properly settle down the new agency to investigate corruption by senior public officials, which was introduced for the first time in the history of the Constitutional Law.