Publications hero image
Publications
Follow-up Tasks for the Adjustment of Investigation Authority
Language
Korean
Authors
, , , ,
Date
December 01, 2020
ISBN
979-11-89908-93-5

Abstract

1. Background and Purposes of Study The purpose of this study is to actively support the government's preparation of follow-up measures by discovering follow-up tasks to actualize the adjustment of investigative authority between prosecutor and police officer, and preparing detailed action plans such as General Investigation Rules. 2. Main Contents a) Scope and limitations of investigation authority of prosecutor and police officer In adjusting investigation authority between prosecutor and police officer, the principle of ‘separation between investigation and prosecution’, and the principle of ‘limitation and restraint of direct investigation by prosecutors’ should be observed. In particular, the subjects of direct investigation authority by prosecutors prescribed in the Prosecutor's Office Act shall be understood to be limitedly listed. b) Mutual cooperation and deterrence measures after the adjustment of investigation authority If a prosecutor or police officer recognizes a crime that is not under investigation jurisdiction, it is necessary to establish a Mutual Notification Regulation. In addition, it is necessary to strengthen the responsibility of the police investigation and improve their expertise by stipulating discretion in relation to the police investigation. c) Contents to be prepared in the General Investigation Rules established by Presidential Decree Regulations on the rights and obligations of the people should be strengthened in the General Investigation Rules, and provisions on the principles of investigation should be directly stipulated in the law, not in the presidential decree. d) Other follow-up tasks Although subsequent legislation is incomplete compared to the original goal, it cannot be assessed that it is complete. Therefore, it is necessary to conduct a post-operational evaluation or system improvement based on trial and error that will be collected in implementing these systems. 3. Summary of Suggestions As time was running out to complete the reform, and there were few precedents that could serve as a reference to the reform, we cannot expect legislation to completely control every situation. Furthermore, confusion and conflict are inevitable until all the reform tasks are completed and these systems are settled. As such, policymakers should keep in mind that what they need to do now, correcting errors to settle the system, may be more important than what they have done so far. As a follow-up to the adjustment of investigation authority, it is necessary to consider the methods and subjects of the legislation of the scope of investigation by prosecutors and supplement the legislation of special judicial police. In addition, coordination of authorities related to the freezing of illegal assets is also required.

Seokku Kang

Criminal Law&Policy, Criminal Justice Reform, Transnational Organized Crime

Senior Research Fellow

Seokku Kang's picture

Research Interest (Major)

Anti-Money Laundring, Anti-Corruption, Judicial Reform, Public Safety

Education/Professional Experience

Ph.D. in Law, Sungkyunkwan University

Report List

Criminal Codes of Southeast Asia(Ⅰ): The Philippines

Proposing the Legislative Policy in the Field of Criminal Justice to Regulate "Perverting the Course of Justice" in Korea

Establishment of Cyber Safety System

A Study on Internal Investigation

Illegal Underground Economy of Organized Crime and Policy Implication(Ⅱ) - Empirical Analysis on Traditional Sources of Income

Follow-up Tasks for the Adjustment of Investigation Authority

Municipal Police System in Korea (Ⅱ)

The Current Status and Challenges of Protecting Criminal Informants

The Revision of Laws and Regulations of Cybercrimes

Risk-Governing Criminal Law and Criminology in the Late-Modern Society(Ⅰ) - Risk-Groverning Criminal Law & Criminology in the Contemporary Science-Technology Society

Risk-Governing Criminal Law and Criminology in the Late-Modern Society(Ⅰ) - Environmental Engineering Technology and Risk Management Criminal Justice Policy

Crimianl Policy Counteractions against Financial Loss at Illegal Use of Social Security Fund

Practice of Financial Investigations Operated by Law Enforcement Agencies in USA, UK, Germany, Japan and China

Judicial Reform: Exploring Current Policy Tasks and Its Issues

Patterns of Illegal Activities Exploiting the Administration of Public Foundation and Its Criminal Justice Responses

State Violence for Transitional Justice: Focused on Labor Mobilization (Ⅰ) - Extralegal Security Measures and National Construction Projects in the 1960's

Taemyeong Kim

Taemyeong Kim's picture

Report List

Dongho Yun

Dongho Yun's picture

Report List

Giyeong Cho

Giyeong Cho's picture

Report List

Hyeseon Choi

Hyeseon Choi's picture

Report List

Korean Institute of Criminology Official Video - image

Korean Institute of Criminology Official Video

Go
Newsletter Subcribe

Please check the consent form
and enter your name and
e-mail address.

Collecting personal information and consent to the use

We collect the minimum amount of personal information necessary to use the services provided by the Science & Technology Policy Institute. Haohni this notice as follows regarding the collection and use of personal information please accept after a safe enough .