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한국형사법무정책연구원 형사정책연구 형사정책연구 통권 제54호
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    초록·키워드

    After the new regime launching its political reform agenda, the political neutrality of prosecution is the top issue among other topics. Tons of debates on this reform have been dealt with by TV, and some symposiums. The government have already reshuffled top prosecutors with reform-minded officers. Several prosecutors fumed at the plan to replace senior prosecutors, which would ignore their tradition-bound organisation's seniority system in promotions. Resistance from prosecutors happen to be taken place in the middle of discussion. Main issues of this reform contain three parts: the political neutrality of prosecutors, the rationalisation of the prosecution system, and the possible adaptation of independent Counsel partly or permanently. It's very unpredictable to foresee that the prosecution's reform would be successfully ended. We, nonetheless, analyse these debates from the bottom with respect to legal understanding.
    In principle, the power of prosecutor is legally restricted under due process of criminal law. But Korea has, historically, bad fame for the dehumanised prosecution. Minister of Justice announced that she should get rid of all of these uncontroversial relics immediately. Several different reform agenda are declared. By now we could not predict which agenda would be chosen. As finishing this brief report, we could say that if this reform be in the light, we, hence patiently, let the prosecutors obtain the key of this reform.

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      UCI(KEPA) : I410-ECN-0101-2012-364-003957346