수사와 기소에 대한 민주적 통제-시민사법의 관점에서-

초록

The contemporary criminal justice system in Korea largely operates within a framework of “bureaucratic justice,” relying predominantly on external administrative controls rather than democratic control. In response, the concept of “citizen justice” has emerged as a significant alternative in recent discussions on criminal justice reform, aiming to safeguard human rights and prevent the abuse of state power. This study examines institutional mechanisms designed to regulate such police and prosecutorial powers, particularly in light of recent amendments to the Criminal Procedure Act emphasizing the separation of investigation and prosecution. At the investigative stage, external oversight bodies such as the United Kingdom’s Independent Office for Police Conduct (IOPC) are analyzed. At the prosecutorial stage, the United States Grand Jury and Japan’s Prosecution Review Commission (PRC) are comparatively examined. Based on these findings, and under a strict separation between investigation and prosecution, this paper proposes two institutional reforms. First, at the investigative stage, the proposed Investigation Review Committee may be a viable citizen-oriented mechanism capable of overseeing the propriety of investigations, when designed to ensure meaningful citizen participation in its institutional design. Second, at the prosecutorial stage, this paper proposes a hybrid model that combines the organizational framework of Japan’s PRC with the substantive indictment- determining function of the U.S. Grand Jury.

키워드