검찰개혁의 합리적 방향

A rational direction for prosecution reform

초록

The prosecution reform, led by the government and the ruling party, aims to abolish the Prosecutor's Office and replace it with the Public Prosecution Service, establish a new Central Investigation Office to investigate serious crimes, establish a National Investigation Commission to resolve investigation-related complaints, resolve conflicts between investigative agencies, to faithfully protect the rights and interests of the people and fundamental rights, and prevent corruption within the prosecution. The goal is to put an end to the political prosecution's practices, including unfair investigations and unreasonable prosecutions. However, in my view, political prosecutors are a product of politics, and reforming the prosecution is about making the prosecution independent from politics. Only an independent prosecution can be neutral and not be subordinate to political parties. In order to achieve reasonable prosecution reform, it is necessary to acknowledge that the most fundamental and effective method is to prohibit political activities by prosecutors and establish a prosecutorial personnel system that is not influenced by political powers such as the President or the Minister of Justice. Moving forward along that path is the first step toward true prosecution reform. Rather than reforming the prosecutors who are swayed by politics, we need to reform the politics that sway the prosecution, which should be independent and neutral.

키워드

Prosecutorial reform; personnel committee; political prosecutors; independence and neutrality; restrictions on political activities; 검찰개혁; 정치검사; 인사위원회; 정치활동제한; 독립성과 중립성
제목
검찰개혁의 합리적 방향
제목 (타언어)
A rational direction for prosecution reform
저자
김성룡
DOI
10.34222/kdps.2025.17.3.5
발행일
2025-09
유형
Y
저널명
형사소송 이론과 실무
권
17
호
3
페이지
115 ~ 144