{"title":"所谓 \"调查规则 \"修订的意义和未来任务","authors":"Oung-Seok Jeong","doi":"10.34222/kdps.2023.15.3.1","DOIUrl":null,"url":null,"abstract":"Looking at the revision of the investigation rules, the procedural part (maintenance of various investigation deadlines) has been reorganized, but there is no particular content. In other words, it is only a standard for the investigation period that the prosecution and police should follow step by step so that the case can be systematically managed and investigated quickly. Nevertheless, there is no reason why some politicians or the media are criticizing it, saying it is “the restoration of the prosecution” or “the deprivation of the police's right to terminate the investigation”. This is because the revision of some provisions of the investigation rules is not to criminalize the “right to terminate the investigation of the police”, but to promote the handling of the case more fairly and quickly. If the police's judgment is always correct, there is no need to request a reinvestigation or request a transfer. However, the police's judgment cannot always be right, neither the prosecution nor the court. Therefore, it is reasonable to have a judicial supplementary device (complementary investigation by prosecutors, reinvestigation, etc.) whether it is a police case or a non-repatriation case, and it is questionable what it will mean to protect the rights of the people. Above all, the debate on investigative rights is not a matter of power struggle between the prosecution and the police, but a matter of whether it is reasonable for the police to handle the case on its own in consideration of the efficiency of the investigation or the inconvenience of the prosecution or reinvestigation. In conclusion, I hope that it will be an in-depth discussion, such as whether the revision of the investigation rules “before” or “after” is better for the people, and whether the lawyers in the field agree or disagree. It is understandable that he hates the current government or the prosecution, but the victim is not the current government or the prosecution, but the people.","PeriodicalId":384688,"journal":{"name":"The Korean Association of Criminal Procedure Law","volume":"51 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"A Meaning of the revision of the so-called 『Investigation Rules』 and future tasks\",\"authors\":\"Oung-Seok Jeong\",\"doi\":\"10.34222/kdps.2023.15.3.1\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Looking at the revision of the investigation rules, the procedural part (maintenance of various investigation deadlines) has been reorganized, but there is no particular content. In other words, it is only a standard for the investigation period that the prosecution and police should follow step by step so that the case can be systematically managed and investigated quickly. Nevertheless, there is no reason why some politicians or the media are criticizing it, saying it is “the restoration of the prosecution” or “the deprivation of the police's right to terminate the investigation”. This is because the revision of some provisions of the investigation rules is not to criminalize the “right to terminate the investigation of the police”, but to promote the handling of the case more fairly and quickly. If the police's judgment is always correct, there is no need to request a reinvestigation or request a transfer. However, the police's judgment cannot always be right, neither the prosecution nor the court. Therefore, it is reasonable to have a judicial supplementary device (complementary investigation by prosecutors, reinvestigation, etc.) whether it is a police case or a non-repatriation case, and it is questionable what it will mean to protect the rights of the people. Above all, the debate on investigative rights is not a matter of power struggle between the prosecution and the police, but a matter of whether it is reasonable for the police to handle the case on its own in consideration of the efficiency of the investigation or the inconvenience of the prosecution or reinvestigation. In conclusion, I hope that it will be an in-depth discussion, such as whether the revision of the investigation rules “before” or “after” is better for the people, and whether the lawyers in the field agree or disagree. It is understandable that he hates the current government or the prosecution, but the victim is not the current government or the prosecution, but the people.\",\"PeriodicalId\":384688,\"journal\":{\"name\":\"The Korean Association of Criminal Procedure Law\",\"volume\":\"51 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-09-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"The Korean Association of Criminal Procedure Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.34222/kdps.2023.15.3.1\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"The Korean Association of Criminal Procedure Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.34222/kdps.2023.15.3.1","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
A Meaning of the revision of the so-called 『Investigation Rules』 and future tasks
Looking at the revision of the investigation rules, the procedural part (maintenance of various investigation deadlines) has been reorganized, but there is no particular content. In other words, it is only a standard for the investigation period that the prosecution and police should follow step by step so that the case can be systematically managed and investigated quickly. Nevertheless, there is no reason why some politicians or the media are criticizing it, saying it is “the restoration of the prosecution” or “the deprivation of the police's right to terminate the investigation”. This is because the revision of some provisions of the investigation rules is not to criminalize the “right to terminate the investigation of the police”, but to promote the handling of the case more fairly and quickly. If the police's judgment is always correct, there is no need to request a reinvestigation or request a transfer. However, the police's judgment cannot always be right, neither the prosecution nor the court. Therefore, it is reasonable to have a judicial supplementary device (complementary investigation by prosecutors, reinvestigation, etc.) whether it is a police case or a non-repatriation case, and it is questionable what it will mean to protect the rights of the people. Above all, the debate on investigative rights is not a matter of power struggle between the prosecution and the police, but a matter of whether it is reasonable for the police to handle the case on its own in consideration of the efficiency of the investigation or the inconvenience of the prosecution or reinvestigation. In conclusion, I hope that it will be an in-depth discussion, such as whether the revision of the investigation rules “before” or “after” is better for the people, and whether the lawyers in the field agree or disagree. It is understandable that he hates the current government or the prosecution, but the victim is not the current government or the prosecution, but the people.