메뉴 건너뛰기
소속 기관 / 학교 인증
인증하면 논문, 학술자료 등을  무료로 열람할 수 있어요.
한국대학교, 누리자동차, 시립도서관 등 나의 기관을 확인해보세요
(국내 대학 90% 이상 구독 중)
고객센터 ENG
주제분류

논문 기본 정보

저자정보
(대구가톨릭대학교)
저널정보
한양법학회 한양법학 한양법학 제28권 제3집 (통권 제59집)
오류 신고하기

피인용 3

검색

    초록·키워드

    Fairness, transparency and independence of prosecutorial power can’t be overemphasized as a prerequisite. That said, given excessively concentrated prosecutorial power in our country for the present, it must be a very hard objective to accomplish as a matter of fact. In this light, it is quite reasonable to expect that dispersion of powers, and check and oversight thereon must be followed so that prosecutorial power can be conducted on a fair level in accordance with the principle of division of powers. But indeed the prosecution authority is not able to clear people"s doubts on power-related corruption scandals as it continues on a path of insufficient and tolerant investigation into those scandals, often even not instituting a public action against the people’s wishes. Prosecutors who have exclusive monopolistic prosecution under the principle of monopoly of prosecution, should exercise their prosecution from a fair and consistent point of view for the nation, instead of giving way to outside pressures, whereas people across the country criticize that prosecutors tend to give way to political and economic pressures under the umbrella of the principle of discretionary prosecution, and exercise arbitrary and dogmatic prosecution.
    Based on the problems as such, this study principally aims to suggest and examine reasonable operating methods of Civil Commission for the Control of Prosecutorial Power that is now implemented as one of the ways to properly control prosecutor’s prosecutorial discretion. For this, the study analyzes main contents and current state of the operation, focused on objects of deliberation, organization of the Commission and deliberation (Ⅱ). Then, it reviews the contents of the grand jury system of the United States and prosecutorial review commission system of Japan and attempts to analyze whether or not to adopt them in our country along with operating methods (Ⅲ). Finally the study points out problems emerged in the course of operation of the Commission, suggests reasonable methods to improve them (Ⅳ) and concludes the discussion (Ⅴ).

    최근 본 자료 전체보기

      UCI(KEPA) : I410-ECN-0101-2018-360-001259707