The Korean police, they don't have legal power of investigation, despite they deal actually with 96.7% of the 1.6 million crimes a year. So, the power of investigation, which is monopolized by the prosecution now, should be shared fairly with the police, so as to enlarge the convenience of the peopl...
The Korean police, they don't have legal power of investigation, despite they deal actually with 96.7% of the 1.6 million crimes a year. So, the power of investigation, which is monopolized by the prosecution now, should be shared fairly with the police, so as to enlarge the convenience of the people by raising the efficiency of the investigation, and to harmonize the responsibility and the power, and the reality and system of the investigation. Over-viewing the debates to get rid of that authority of prosecutor over the police - so-called 'independence of police investigation', which has sporadically happened from the formation of Korean government until now, I reached to a conclusion that it would be more desirable for both of prosecutor and police to strengthen their cooperative ties to jointly serve to the purpose of protecting and realizing the social security and justice on the basis of governing authority of prosecutor, rather than sticking to the arduous argument on the existence itself. We compare investigation systems among the British-American law group such as Britain and the U.S., the continental law group such as Germany and France, and Japan employing the combination of the two laws. Countries belonging to the former group allows criminal investigation power entirely to the police. Even Germany and France belonging to the latter group virtually acknowledge independent investigation by the police. In japan, mutually equal and collaborative relations between the police and the prosecution are assured and the police perform investigation activities independently. For the laws of U.K. or U.S.A., the investigation and prosecution is strictly divided and it is shared to the police and the prosecution. And, for the legislation trend of each countries of the Continent, it is developed as recognizing the power of individual investigation of the police, and the police and the prosecution are sharing the power of national punishment, fairly. This is an act to protect human rights of the suspects, to realize the idea of the constitutional state through the dispersion and restraint of power, and to raise the efficiency by specializing each work. Firstly, to improve investigation efficiency, we must give judicial power to police agency such as decision authority of commencing investigation, independent investigation process, independent request authority to search and arrest warrants. Secondly, autopsy authority of un-natural dead body, which independent against prosecutor's office, must be given to police agency. Thirdly, the courts must admit the results of police criminal investigation equally as prosecutor's protocols. This is one of criminal process law contents that rule all of korean criminal justice process. Finally, we must treat police agency equally as prosecutor's office in system, structure, man power and so on. Korean police investigator have not so much power from investigation to court process. They are only doing their job or duty after prosecutor's permission.
The Korean police, they don't have legal power of investigation, despite they deal actually with 96.7% of the 1.6 million crimes a year. So, the power of investigation, which is monopolized by the prosecution now, should be shared fairly with the police, so as to enlarge the convenience of the people by raising the efficiency of the investigation, and to harmonize the responsibility and the power, and the reality and system of the investigation. Over-viewing the debates to get rid of that authority of prosecutor over the police - so-called 'independence of police investigation', which has sporadically happened from the formation of Korean government until now, I reached to a conclusion that it would be more desirable for both of prosecutor and police to strengthen their cooperative ties to jointly serve to the purpose of protecting and realizing the social security and justice on the basis of governing authority of prosecutor, rather than sticking to the arduous argument on the existence itself. We compare investigation systems among the British-American law group such as Britain and the U.S., the continental law group such as Germany and France, and Japan employing the combination of the two laws. Countries belonging to the former group allows criminal investigation power entirely to the police. Even Germany and France belonging to the latter group virtually acknowledge independent investigation by the police. In japan, mutually equal and collaborative relations between the police and the prosecution are assured and the police perform investigation activities independently. For the laws of U.K. or U.S.A., the investigation and prosecution is strictly divided and it is shared to the police and the prosecution. And, for the legislation trend of each countries of the Continent, it is developed as recognizing the power of individual investigation of the police, and the police and the prosecution are sharing the power of national punishment, fairly. This is an act to protect human rights of the suspects, to realize the idea of the constitutional state through the dispersion and restraint of power, and to raise the efficiency by specializing each work. Firstly, to improve investigation efficiency, we must give judicial power to police agency such as decision authority of commencing investigation, independent investigation process, independent request authority to search and arrest warrants. Secondly, autopsy authority of un-natural dead body, which independent against prosecutor's office, must be given to police agency. Thirdly, the courts must admit the results of police criminal investigation equally as prosecutor's protocols. This is one of criminal process law contents that rule all of korean criminal justice process. Finally, we must treat police agency equally as prosecutor's office in system, structure, man power and so on. Korean police investigator have not so much power from investigation to court process. They are only doing their job or duty after prosecutor's permission.
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#한국경찰 수사권 확보방안 경찰조사권
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