경찰수사규칙의 법적 정당성에 관한 연구 - 헌법 제95조 및 정부조직법상 소관사무 배분 원칙을 중심으로 -

This study examines the constitutional legitimacy of the Police Investigation Rules under Article 95 of the Constitution and the principle of jurisdictional allocation in the Government Organization Act. Following the 2020 amendment to the Code of Criminal Procedure that strengthened police investigative authority, the Ministry of Interior and Safety established the Police Investigation Rules as a ministerial ordinance in 2021. This research demonstrates that criminal investigation does not fall within the jurisdiction of the Ministry of Interior and Safety by analyzing the express provisions of Article 37 of the Government Organization Act, the judicial nature of criminal investigation, and relevant statutes designating criminal investigation as an inherent police function. The study concludes that the Police Investigation Rules constitute an unconstitutional ordinance failing to meet the jurisdictional requirement mandated by Article 95 of the Constitution. Furthermore, the Police Investigation Rules substantially duplicate provisions in the Crime Investigation Rules and the General Standards for Investigation, creating confusion in the legal system. Consequently, this research proposes the abolition of the Police Investigation Rules and their integration into the Crime Investigation Rules as a legislative alternative, presenting concrete implementation plans and phased integration procedures. The significance of this research lies in emphasizing that the jurisdictional principle of Article 95 of the Constitution is essential to ensuring the legitimacy of administrative legislation, and in establishing criteria for evaluating the legitimacy of similar administrative legislation in the future.