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A Study on the Independent Police Investigation Authority and Control

  • Public Land Law Review
  • Abbr : KPLLR
  • 2006, 30(), pp.427-452
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

趙晩衡 1

1동신대학교

Accredited

ABSTRACT

Police's being independent of prosecutor in investigation authority has denied mainly because of prosecutor's objection, showing anxiety about possible police abuse of power and stressing the nature of prosecutor as a quasi-judicial bureau agency which means the protection of human rights.Survey, however, conducted in this thesis says that neither of them are credited by citizens, who especially demand prosecutory reformation while they take side with police on police independence issue, recently raised again. The gist of the argument consists in breaking order-obedience relations of each other, solving the long-standing feud between the two agencies in terms of judicial service.Police's being independent of prosecutor seems to be one of core reformations of criminal justice system in Korea, serving an easement of strained relations between concerned agencies through resonable distribution of authority of discretionary power, enabling virtual prevention of infringement on human rights through so called check and balance.

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