고소의 남용에 대한 통제 방안 - 피고소인의 근거 없는 형사절차 연루를 방지하기 위하여 -

This study explores preemptive, procedural, and post hoc control measures to address the abuse of complaints. As a preemptive measure, the general imposition of complaint fees could reduce complaints related to defamation, insult, or property crimes with minor damages. However, this approach risks completely depriving economically disadvantaged individuals of their right to file complaints and is inappropriate given that the right to file a complaint is closely tied to public interest. However, imposing a security deposit for malicious complaints may not only be legally sound—provided that the influence of filing costs on complaints is empirically studied and an appeal process against the imposition of such deposits is established—but also serve as an effective measure to prevent the abuse of malicious complaints. Meanwhile, even under the current system, which effectively accepts all complaints, investigative counseling centers should play a role in screening out abusive complaints before they are officially filed. From a procedural perspective, introducing a selective filing system is advisable. Complaints should stem from crimes causing harm to the complainant; thus, it is not necessary to automatically file a case against the accused based solely on the complainant's allegations if the criminal suspicion is unclear. To implement this, preliminary investigations to verify the facts of the complaint are essential before filing. Furthermore, criminal mediation, currently limited to the prosecution stage, should be expanded to the police stage to resolve disputes earlier in the process. In particular, complaints concerning violations of the Information and Communications Network Act (defamation), insults, or minor copyright infringements often aim for civil settlements for damages. Therefore, mandatory mediation through police-stage committees or external professional mediation organizations is recommended. As a post hoc measure, the study suggests imposing procedural costs on complainants who act with intent or gross negligence in cases dismissed without prosecution and strengthening the penalties for false accusations. Complainants acting with intent or gross negligence bear primary responsibility for the initiation and progress of cases dismissed without prosecution, making it reasonable for them to cover the resulting procedural costs. Moreover, to encourage prudent filing of complaints, the pursuit of clear criminal accountability for reckless and abusive complaints through the offense of false accusation must be reinforced.