변화된 형사사법체계에서 재정신청제도의 과제

An Application for adjudication is a system that allows a complainant or accuser who has received notice of non-prosecution from a prosecutor to apply the court to determine whether such decision is illegal or unfair. However, the percentage of cases prosecuted based on application for adjudication is less than 1%. Even if a public prosecution is filed, the prosecutor not only fails to faithfully maintain the prosecution, but also seeks not guilty. There is a need for a way to activate the application for adjudication system. Since 2021, police have been exercising the authority not to transfer cases to prosecutors if the criminal charges are dismissed. This is called the power to decide not to transfer case to prosecutors. In the same year, the Corruption Investigation Office for High-ranking Officials was established. In 2026, the Prosecutors' Office will be abolished and replaced by the Serious Crimes Investigation Office and the Public Prosecution Office. In line with these changes in the criminal justice system, the application for adjudication system also needs to change. Accordingly, this article first examines the significance and essence of the application for adjudication system. Next, this article explores a form of application for adjudication system that aligns with it, and suggests ways to activate it. The Constitution guarantees the presumption of innocence and the right to trial to criminal suspects, and grants a complainant the right to make a statement in the trial proceedings. Criminal procedure is a process to realize justice, and it must enable the court to conclude what justice is. The application for adjudication system is a system for realizing criminal justice in that a criminal suspect is prosecuted based on a decision to accept a application for adjudication. The application for adjudication system should function not as a system to protect victims' rights, but as a system to control the abuse of prosecutors' power to decide not to indict. According to this significance and essence of the application for adjudication system, the application for adjudication system should be expanded and strengthened. There is a need for a system to appeal investigative authorities' decisions not to transfer case to prosecutors. There should be no restrictions on the crimes for which the accuser may file a application for adjudication. It is necessary to extend the period for filing a application for adjudication from 10 to 20 days and change the jurisdiction from the high court to the district court agreement department. There is a need to strengthen the rights of applicants for adjudication and revive the attorney-at-law system to maintain a public prosecution. In the future, it is necessary to design the Corruption Investigation Office for High-ranking Officials and the Public Prosecution Office as institutions that check each other regarding the power to prosecute. There is a need to alleviate the burden on the courts, which is increasing due to the expansion and strengthening of the application for adjudication system.