기소절차에 대한 시민참여제도로서 기소심사회 도입방안 －일본 검찰심사회와의 비교 ․ 검토를 중심으로－

Abstract

Many people criticize nowadays the abuse and improper exercise of prosecutorial power. The people`s standpoint to the prosecution is well expressed in the new coined words, ‘grandeur prosecutor’, ‘sponsor prosecutor’. The dissatisfaction of people with the prosecutory authorities is day by day increasing. Most people think that the existing controlling over the exercise of prosecutorial process, for example, application for judicial review on non indictment (quasi prosecution), reviewing committee on non indictment, is not sufficient. Therefore, we should find new ways to secure the fairness of prosecution. A civil participation in the prosecutorial process is one of them. It is important in two ways. Firstly the fairness of prosecution can be guaranteed, and secondly the civil self governing of their own things can be realized. With the recent introduction of civil participation in the criminal trials in Korea, many people have interest in the civil control and participation in the criminal procedure. Also in the prosecutorial process, the introduction of civil participation systems is vigorously discussed. The civil committee on prosecution was recently introduced and three reform bills for the introduction of civil control system were submitted to the legislature. We can consider two typical models as the civil participation systems in the prosecution. The first one is the pre civil reviewing committee on the prosecution as the grand jury system in the U.S. The second one is the post civil reviewing system on the non indictment as the Reviewing Committee on Prosecution in Japan. Of the two models, the former is more thorough way, people can control the prosecution process. In order to minimize the side effects, this paper suggests to phase in civil participation system. In the first stage, we can introduce a post review system as the Reviewing Committee on Prosecution in Japan. So in this paper, it is in detail studied how a Prosecution Review Committee as a new post review system is introduced, for example, organization, procedure, relationship with the existing checking systems etc.