검찰개혁, 어디로 가고 있는가?

Few people in the Republic of Korea have questions about the necessity and legitimacy of the prosecution reform. As such, the damage caused by the prosecution's abuse of power is serious, so reforming the prosecution is an important first step in improving the trust and transparency of the judiciary. However, while watching the reform of the prosecution, which remains in a standstill due to the political battle, fundamental skepticism and questions arise about the direction of the reform and the ways to improve it. Leaving the nature and nature of the prosecution's power as it is, it is impossible to achieve the prosecution reform that was originally aimed at simply by replacing the subject of power. Such reform can only be successful for that period of time when the newly changed power subject does not lose its original spirit. Therefore, instead of focusing on a simple and temporary solution of replacing only the subject of the right of investigation or prosecution with the police and “High-ranking officials criminal investigation office”, a fundamental solution can be to correct the evils of “prosecution discretionism” by removing the possibility of arbitrary exercise of prosecution discretion through the “prosecution forcedism”. For example, the plan to introduce and expand the prosecution forcedism while maintaining prosecution discretionism or the plan to compel prosecution for crimes targeted by the High-ranking Officials Crime Investigation Office may be a practical alternative.