@article{ART002655615},
author={Park, Bongkyun and MoonKwi KIM},
title={The Countermeasure against the Abuse of Criminal Complaints},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2020},
volume={8},
number={2},
pages={327-345}
TY - JOUR
AU - Park, Bongkyun
AU - MoonKwi KIM
TI - The Countermeasure against the Abuse of Criminal Complaints
JO - Legal Theory & Practice Review
PY - 2020
VL - 8
IS - 2
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 327
EP - 345
SN - 2288-1840
AB - An amendment in 2020 to Criminal Procedure Act has balanced criminal investigation power between prosecutors and senior judicial police officers. Thus, the reform of a criminal complaint system is one of the justice polices on the criminal investigation implemented by Korea National Police Agency.
Korea criminal justice system has longtime suffered from stigma characterized by ‘Kingdom of Criminal Complaint’. Criminal justice officers faced a tough challenge by frequent criminal complaints on a civil case. Accordingly, an efficient countermeasure is discussed among criminal justice officers to reject an improper criminal complaint.
However sympathetic towards criminal justice officers’ feeling of being overburdened and the violation of suspects’ legal rights due to the abuse of criminal complaints, there might be a question that the legal protection may insufficiently provided for the victims of crimes.
There has been a constitutional right of criminal victims’ statement on the trial since 1987. Nevertheless, the rejection of criminal complaints can unintentionally drive the constitutionally historical rights in peril because of the prohibition on private prosecution, monopoly of state on public prosecution, and firm existence of offense subject to criminal complaints.
From the view points of criminal investigator, this research addresses in the literature review, the abuse of criminal complaints, the concept of victims of crimes, the precedent case of Constitutional Court regarding the right of statement on the trial, the rejection of criminal complaints, the offense subject to complaint.
Conclusionally, a suggestion should be offered to foster the civilian industry of alternative dispute resolution. Also, both the prohibition of the abuse and the rejection process against the inappropriate criminal complaints are friendly stipulated in the Criminal Procedure Act.
KW - Criminal Complaint;Abuse;Rejection;Right of Statement on the Trial;Victim of Crime;Offense subject to Complaint;Private Prosecution.
DO -
UR -
ER -
Park, Bongkyun and MoonKwi KIM. (2020). The Countermeasure against the Abuse of Criminal Complaints. Legal Theory & Practice Review, 8(2), 327-345.
Park, Bongkyun and MoonKwi KIM. 2020, "The Countermeasure against the Abuse of Criminal Complaints", Legal Theory & Practice Review, vol.8, no.2 pp.327-345.
Park, Bongkyun, MoonKwi KIM "The Countermeasure against the Abuse of Criminal Complaints" Legal Theory & Practice Review 8.2 pp.327-345 (2020) : 327.
Park, Bongkyun, MoonKwi KIM. The Countermeasure against the Abuse of Criminal Complaints. 2020; 8(2), 327-345.
Park, Bongkyun and MoonKwi KIM. "The Countermeasure against the Abuse of Criminal Complaints" Legal Theory & Practice Review 8, no.2 (2020) : 327-345.
Park, Bongkyun; MoonKwi KIM. The Countermeasure against the Abuse of Criminal Complaints. Legal Theory & Practice Review, 8(2), 327-345.
Park, Bongkyun; MoonKwi KIM. The Countermeasure against the Abuse of Criminal Complaints. Legal Theory & Practice Review. 2020; 8(2) 327-345.
Park, Bongkyun, MoonKwi KIM. The Countermeasure against the Abuse of Criminal Complaints. 2020; 8(2), 327-345.
Park, Bongkyun and MoonKwi KIM. "The Countermeasure against the Abuse of Criminal Complaints" Legal Theory & Practice Review 8, no.2 (2020) : 327-345.
