@article{ART003380389},
author={Oh, JungYong},
title={Operational Status and Improvement Measures of the Special Judicial Police System — On the Occasion of the Transition of the Criminal Justice System due to the Abolition of the Prosecution's Investigative Power —},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2026},
volume={14},
number={3},
pages={163-193}
TY - JOUR
AU - Oh, JungYong
TI - Operational Status and Improvement Measures of the Special Judicial Police System — On the Occasion of the Transition of the Criminal Justice System due to the Abolition of the Prosecution's Investigative Power —
JO - Legal Theory & Practice Review
PY - 2026
VL - 14
IS - 3
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 163
EP - 193
SN - 2288-1840
AB - The Special Judicial Police (SJP) system was introduced to effectively investigate administrative crimes in specialized fields that are difficult for general judicial police to handle, responding to the complexity and specialization of modern administration. Administrative officials, who are granted specific authority by law, play a crucial role in securing the effectiveness of administration and cracking down on illegal acts by discovering crimes and conducting swift investigations based on their specialized knowledge. This system contributes to filling gaps in police forces and improving crime response capabilities through specialized investigations.
However, the quantitative expansion of the SJP system has exposed various limitations and problems. First, because SJPs are primarily administrative experts rather than investigative experts, they tend to focus on simple crackdowns rather than substantive investigations due to frequent rotational assignments and a lack of investigative capacity. Second, confusion arises from overlapping jurisdictions with the general judicial police and the absence of clear control measures. Furthermore, concerns are raised regarding the risk of infringing on citizens' fundamental rights if the SJP—which inherently blends administrative and investigative powers—abuses compulsory investigations. Therefore, it is absolutely necessary to establish improvement measures to ensure the effectiveness and fairness of the SJP system.
To achieve this, the appointment criteria must be clarified, and investigative capabilities should be strengthened by introducing a systematic education and certification system for SJPs. Additionally, to prevent a vacuum in judicial control following the abolition of prosecutors' authority to direct and supplement investigations, external and judicial control mechanisms must be materialized. This includes establishing an 'investigation-indictment consultative body' and an independent legal support organization. Ultimately, the system must be redesigned—such as by establishing a new specialized agency that oversees SJP duties—so that the SJP system can actively protect citizens' rights and fully exercise its specialized investigative functions.
KW - Special Judicial Police;General Judicial Police;Autonomous Police;Investigative Power;Indictment Power.
DO -
UR -
ER -
Oh, JungYong. (2026). Operational Status and Improvement Measures of the Special Judicial Police System — On the Occasion of the Transition of the Criminal Justice System due to the Abolition of the Prosecution's Investigative Power —. Legal Theory & Practice Review, 14(3), 163-193.
Oh, JungYong. 2026, "Operational Status and Improvement Measures of the Special Judicial Police System — On the Occasion of the Transition of the Criminal Justice System due to the Abolition of the Prosecution's Investigative Power —", Legal Theory & Practice Review, vol.14, no.3 pp.163-193.
Oh, JungYong "Operational Status and Improvement Measures of the Special Judicial Police System — On the Occasion of the Transition of the Criminal Justice System due to the Abolition of the Prosecution's Investigative Power —" Legal Theory & Practice Review 14.3 pp.163-193 (2026) : 163.
Oh, JungYong. Operational Status and Improvement Measures of the Special Judicial Police System — On the Occasion of the Transition of the Criminal Justice System due to the Abolition of the Prosecution's Investigative Power —. 2026; 14(3), 163-193.
Oh, JungYong. "Operational Status and Improvement Measures of the Special Judicial Police System — On the Occasion of the Transition of the Criminal Justice System due to the Abolition of the Prosecution's Investigative Power —" Legal Theory & Practice Review 14, no.3 (2026) : 163-193.
Oh, JungYong. Operational Status and Improvement Measures of the Special Judicial Police System — On the Occasion of the Transition of the Criminal Justice System due to the Abolition of the Prosecution's Investigative Power —. Legal Theory & Practice Review, 14(3), 163-193.
Oh, JungYong. Operational Status and Improvement Measures of the Special Judicial Police System — On the Occasion of the Transition of the Criminal Justice System due to the Abolition of the Prosecution's Investigative Power —. Legal Theory & Practice Review. 2026; 14(3) 163-193.
Oh, JungYong. Operational Status and Improvement Measures of the Special Judicial Police System — On the Occasion of the Transition of the Criminal Justice System due to the Abolition of the Prosecution's Investigative Power —. 2026; 14(3), 163-193.
Oh, JungYong. "Operational Status and Improvement Measures of the Special Judicial Police System — On the Occasion of the Transition of the Criminal Justice System due to the Abolition of the Prosecution's Investigative Power —" Legal Theory & Practice Review 14, no.3 (2026) : 163-193.
