@article{ART002655594},
author={Jeon Myung Gil},
title={A Study on the Control of Police Authority and the Securing Neutrality by the Adjustment of Investigation Authority},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2020},
volume={8},
number={1},
pages={33-54}
TY - JOUR
AU - Jeon Myung Gil
TI - A Study on the Control of Police Authority and the Securing Neutrality by the Adjustment of Investigation Authority
JO - Legal Theory & Practice Review
PY - 2020
VL - 8
IS - 1
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 33
EP - 54
SN - 2288-1840
AB - The criminal process should be carried out faithfully with the discovery of the truth, but the prosecution, which monopolized the right to investigate and indict, left unfair cases and abuses of authority. There have been constant discussions on reform of the prosecution, but since the direction of the prosecution's reform has been geared toward the method of self-regulating authority through internal reform of the prosecution, practical limitations have been revealed.
As a result, the incumbent administration has decided to reform the powerful agencies as its national agenda and is actively carrying out discussions on reforming the investigative structure, including the adjustment of the investigative authority. The main direction of the investigation structure reform should be in controlling the authority of investigative agencies and securing political neutrality, and it should not come as a result of weakening the power of the prosecution through the reform of the current investigation structure, while giving birth to a huge police force.
When it comes to reforming the investigation structure, it is the political neutrality of investigative agencies that should be done with checks and balances caused by the dispersion of investigative powers. The investigative authority of the state police should be reduced by separating the administrative police and the investigative police, and by introducing the autonomous police system, transferring the investigative power of the general crime to the autonomous police. In addition, the police should be able to fulfill their roles according to their authority by strengthening their investigative capabilities and securing professional investigation personnel.
Now, the issue of investigative structural reform is not just a stage of discussion but a stage of realization. A firm legal and institutional control system should be in place to move the investigation structure reform toward guaranteeing the human rights of the people. At the same time, the police should also improve their perception so that they can be reborn as responsible police suitable for the new investigative environment.
KW - Investigation Structure Reform;Prosecution Reform;Control of authority;political neutrality;investigative authority;Autonomous police.
DO -
UR -
ER -
Jeon Myung Gil. (2020). A Study on the Control of Police Authority and the Securing Neutrality by the Adjustment of Investigation Authority. Legal Theory & Practice Review, 8(1), 33-54.
Jeon Myung Gil. 2020, "A Study on the Control of Police Authority and the Securing Neutrality by the Adjustment of Investigation Authority", Legal Theory & Practice Review, vol.8, no.1 pp.33-54.
Jeon Myung Gil "A Study on the Control of Police Authority and the Securing Neutrality by the Adjustment of Investigation Authority" Legal Theory & Practice Review 8.1 pp.33-54 (2020) : 33.
Jeon Myung Gil. A Study on the Control of Police Authority and the Securing Neutrality by the Adjustment of Investigation Authority. 2020; 8(1), 33-54.
Jeon Myung Gil. "A Study on the Control of Police Authority and the Securing Neutrality by the Adjustment of Investigation Authority" Legal Theory & Practice Review 8, no.1 (2020) : 33-54.
Jeon Myung Gil. A Study on the Control of Police Authority and the Securing Neutrality by the Adjustment of Investigation Authority. Legal Theory & Practice Review, 8(1), 33-54.
Jeon Myung Gil. A Study on the Control of Police Authority and the Securing Neutrality by the Adjustment of Investigation Authority. Legal Theory & Practice Review. 2020; 8(1) 33-54.
Jeon Myung Gil. A Study on the Control of Police Authority and the Securing Neutrality by the Adjustment of Investigation Authority. 2020; 8(1), 33-54.
Jeon Myung Gil. "A Study on the Control of Police Authority and the Securing Neutrality by the Adjustment of Investigation Authority" Legal Theory & Practice Review 8, no.1 (2020) : 33-54.
