• The Journal of the Convergence on Culture Technology
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• v.6 no.4
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• pp.59-66
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• 2020

This paper considered the measures of securing political neutrality of the prosecutor on the reform of the prosecution. The nation's prosecution has enormous authority. In the meantime, the prosecution enjoyed unlimited power uncontrolled with investigative rights, prosecution monopoly, and police investigation command. No other country has as much power as the Korean prosecution. However, the prosecution, which enjoys such power, is placed on the task of reforming the prosecution due to poor democratic control. Has there been such a prosecutor in Korean history who only looks forward and wields long sword ehrflqtjdrhk against corruption in power? So far, the prosecution has conducted investigations that suit the administration's taste, and the prosecutors have been on the rise in return. That is why the previous administrations tried to ensure the political neutrality of the prosecution. As such, We would like to consider legal logic to analyze the sincerity of the prosecution reform. To this end, the first is to consider the authority of prosecutors and prosecutors. Second, consider the internal requirements of the government's reform of the prosecution. Third, establish the direction of prosecution reform.

• The Journal of the Convergence on Culture Technology
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• v.7 no.3
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• pp.59-69
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• 2021

The Moon Jae-in administration insisted on reforming the prosecution for the reform of power institutions, and also tried to control the power of the prosecution through the establishment of a high-ranking public officials criminal investigation office. Then, what is the direction of the legal prosecution reform? Above all, it is a logic to drastically reduce the power of the prosecution. How to shrink it? First, it is necessary to control or check the power of prosecution and investigation that the prosecution has. Second, the key to the reform of the prosecution is perhaps to separate personnel rights from power. In order to exclude external pressure from the prosecution's personnel rights, there must be no instruction or intervention from the attorney general. To do this, the prosecutor general must go through various personnel evaluations, such as multi-faceted evaluation. Third, the essence of the High-ranking Officials Criminal Investigations Act is to deal with crimes of prosecutors, judges, police, and members of the National Assembly. It is also the core of the institutional mechanism to cover the corruption of one's family members while holding all the right to investigate, prosecution, and warrant claims, and to check the omnipresent prosecutors who have abused their right to investigate for political purposes. Then, what is necessary for the success of the high-ranking officials criminal investigation office? Above all, We think political neutrality is very necessary. The Ministry of Airborne has a very high authority of the Director. This paper intends to examine the functions and roles of the prosecution and high-ranking officials criminal investigation offices to prevent corruption. We analyzed the contents of the prosecution and the public officials criminal investigation office, and examined the limitations and problems, and the measures to control corruption in public offices.