검사의 수사 권한에 대한 헌법과 법률과의 정합성에 대한 일고

Abstract

In April and May 2022, the majority of the National Assembly was immersed in an attempt to completely deprive prosecutors of their right to investigate by unilaterally revising the relevant laws, the Criminal Procedure Act and the Prosecutors' Office Act. Although the law passed the National Assembly in early May did not fully fulfill its original purpose, the establishment of a new agency called the Serious Crime Investigation Agency has set the framework for abolishing all direct investigation rights granted to prosecutors. The organization called the Prosecutors’Office and the organization called the prosecutor have no choice but to play an essential and inevitable role in protecting human rights while committing certain degree of human rights violations. Also it should be noted that the prosecutor's investigation works as gate-keeping function for the police investigation. Two investigative agencies called the prosecution and the police shall coexist as organizations that form mutual cooperation and mutual checks. The National Assembly's recent attempt to pass the bill is ironically considered to have delayed or virtually abandoned the realization of the agenda of prosecution reform in a true sense, that is, having an independent investigative agency from political power for a long time ago.