수사지휘 당사자에 관한 헌법적 해석론 - 법제분석을 통한 주체와 객체를 중심으로 -

Command of investigations is emphasized for its importance, so it is always mentioned in criminal cases in recent social issues. However, there is not enough research on the command of investigations in public law. The purpose of this study is to analyze current laws about the command of investigations, which has not received any attention, in the viewpoint of public law and rational interpretive theory. After arranging the problematic situations of concerned laws, the study called for academic interest through the awakening of problematic consciousness and proposed a direction for follow-up studies. The study examined the current legislation cases of South Korea regarding command of investigations and attempted to interpret them through comparison, contrast, and analysis of different provisions. Major issues were reviewed in the order of subject and object of command. The conclusion pointed out the limitations of the study and proposed four areas that would require a follow-up study.