공직부패범죄 통제시스템 재론 - 특별검사제와 공직부패수사처에 관한 논의를 중심으로 -

Abstract

The problems of corruption in our society are spread to every aspect of the society which is not limited to specific groups or certain periods of time, but rather spread to wide range of the society and to regular social problems such as politics, economy, social, education, military, and private companies.Mist of this phenomenon, various preventive and amending countermeasures has been suggested while a independent control system over crime of corruption of public officials should be the core of the discussions. Most of the big corruption cases are reinvestigated by special prosecutor due to public officials and social icons involved, after the initial investigation by the prosecutor's office. This situation is not adequate for several stand points. First, this typical process for big corruption cases lowers the trust of the people for the prosecutors office which conducts the initial investigation and prosecution, thus resulting in compromise of the much needed authority of the public power. Further, the Prosecutors office and the investigatory office has the after the fact regulatory organization and provide preventive effects for crime of corruption of public officials, which potentially seems to be the most important function and role, when the special prosecutor system due to its circumstances has to be irregular and temporary which will result in lack of preventive aspect. Thus, this thesis will reexamine the regulatory system of the crime of corruption of public officials and review the various arguments related to the set up of independent investigatory organization, and find the possibility of such organization's establishment.