고소고발사건 전건입건법제에서 선별입건법제로

Under the current legislation, when an investigating agency receives a complaint or accusation, all persons complained or accused to an investigating agency must be taken as suspect. Because according to Criminal Procedure Law Article 238, when a judicial police officer receives a complaint or accusation, he shall investigate the relevant document and evidence matter pertaining thereto promptly and transfer them to a public prosecutor. And according to Criminal Procedure Law Article 257, in cases where a public prosecutor investigates a crime based on complaint or accusation, he shall determine whether public prosecution shall be instituted or not within three months after the complaint or accusation has been made. In these legislation, the procedural pain of the person complained or accused is severe, and even if the pain is unreasonable, it can’t be avoided until decision of the prosecutor on prosecution or non-prosecution is taken. Even if the investigating agency receives a complaint or accusation, they may open discretionary case docket for the crime with reasonable discretion, whether or not the crime is suspected, or the crime is serious or not serious. First, decision not to open case docket shall also include decision to suspend case docket. Second, in order to minimize the possibility of misuse of the right to decide whether or not to book, various control should be established for the exercise of discretionary case docket. Third, from the viewpoint of due process rule, the appeal procedure of the related parties such as complained or the accused, as well as the complainant or the accuser, must be prepared.