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Follow-up Tasks for the Adjustment of Investigation Authority
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December 01, 2020


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

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Korean Institute of Criminology Official Video

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