@article{ART002350948},
author={Chan-Hui Jeon and 이병근},
title={A Study on the Suppression of Exclusive Prosecution Power through Separation of Investigation and Prosecution System},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2018},
volume={6},
number={2},
pages={55-84}
TY - JOUR
AU - Chan-Hui Jeon
AU - 이병근
TI - A Study on the Suppression of Exclusive Prosecution Power through Separation of Investigation and Prosecution System
JO - Legal Theory & Practice Review
PY - 2018
VL - 6
IS - 2
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 55
EP - 84
SN - 2288-1840
AB - Current Korean prosecution system, authorized by Article 12, Section 3 and Article 16, Section 2 of the Constitution of the Republic of Korea, enables prosecutors to enjoy both rights of investigation and prosecution that ultimately controls the entire criminal justice system. There are people those who support the exclusive right of the prosecutor to demand warrant that this authority most effectively protects the basic human rights, yet this claim has not been sufficiently justified. Concerning the principle of the separation of powers on which democratic modern states are founded, it is common knowledge in executing governmental authority that state power must be checked and balanced.
From the standpoint of democratic stream of checks and balance, It is obvious that even with certain changes in monopolistic judicial authority of prosecutor, current structure of Korean investigatory procedure by no means runs along the principle of separation of powers. This is why questioning the reorganization of the legal rights of prosecutor is a must. Through the argument proceeded in this article the following implications are two folds in that the resolutions for reorganizing investigatory and prosecution rights of prosecutors should maintain its cooperative perspective between prosecutor and police. And at the same time, the prescriptions should be effective on checking and balancing the investigation power of police. They come along with reenforcement of judiciary control from the judiciary and prevention of explosive growth of police authority.
KW - rights of prosecutor;investigatory rights;rights of persecution;protection of human rights;investigation rights of police;criminal justice system.
DO -
UR -
ER -
Chan-Hui Jeon and 이병근. (2018). A Study on the Suppression of Exclusive Prosecution Power through Separation of Investigation and Prosecution System. Legal Theory & Practice Review, 6(2), 55-84.
Chan-Hui Jeon and 이병근. 2018, "A Study on the Suppression of Exclusive Prosecution Power through Separation of Investigation and Prosecution System", Legal Theory & Practice Review, vol.6, no.2 pp.55-84.
Chan-Hui Jeon, 이병근 "A Study on the Suppression of Exclusive Prosecution Power through Separation of Investigation and Prosecution System" Legal Theory & Practice Review 6.2 pp.55-84 (2018) : 55.
Chan-Hui Jeon, 이병근. A Study on the Suppression of Exclusive Prosecution Power through Separation of Investigation and Prosecution System. 2018; 6(2), 55-84.
Chan-Hui Jeon and 이병근. "A Study on the Suppression of Exclusive Prosecution Power through Separation of Investigation and Prosecution System" Legal Theory & Practice Review 6, no.2 (2018) : 55-84.
Chan-Hui Jeon; 이병근. A Study on the Suppression of Exclusive Prosecution Power through Separation of Investigation and Prosecution System. Legal Theory & Practice Review, 6(2), 55-84.
Chan-Hui Jeon; 이병근. A Study on the Suppression of Exclusive Prosecution Power through Separation of Investigation and Prosecution System. Legal Theory & Practice Review. 2018; 6(2) 55-84.
Chan-Hui Jeon, 이병근. A Study on the Suppression of Exclusive Prosecution Power through Separation of Investigation and Prosecution System. 2018; 6(2), 55-84.
Chan-Hui Jeon and 이병근. "A Study on the Suppression of Exclusive Prosecution Power through Separation of Investigation and Prosecution System" Legal Theory & Practice Review 6, no.2 (2018) : 55-84.
