행정 영장과 제출명령 제도 도입 방안에 관한 연구 - 행정조사와 영장주의의 적용 -

The rule of warrant is the principle that a warrant from a court is required for compulsory disposition. But constitutional provisions and precedents alone have limitations in clearly defining its concept, and the meaning of warrant became unclear due to technological advancements and the increase in non-criminal dispositions that are close to compulsory disposition. In particular, the issues of warrant in an administrative search and introducing submission orders by investigative agencies need to be discussed in terms of the distinction between administrative and criminal investigations, and the legal nature of the rule of warrant. In Korea, there is a tendency to distinguish between administrative and judicial activities of administrative agencies, and the rule of warrant stipulated in administrative law is not a criminal procedure. Thus, the distinction between administrative and criminal investigations and whether warrant should be applied to administrative searches were questioned. In addition, even though it is consistent with literary interpretation that the right to submission order is granted to investigative agencies, the majority theory in Korea denies such right. Thus, both the Subpoena and Administrative Warrant systems in the U.S. have implications for Korea. Based on Article 106, 199(2), and 219 of Criminal Procedure Law, it can be interpreted that Korea has already stipulated the submission order. However, more specific requirements must be defined to stipulate them as Subpoena laws. In addition, when compared to the U.S. Administrative Warrant system in order to apply the rule of warrant to administrative searches, it is necessary to consider the subject of the warrant request, relaxed requirements, and exceptions to the rule of warrant. It will be necessary to develop Korea's laws and systems while continuing to see how those two systems are discussed and reflected in practice in the U.S.