Preliminary Issues and Legislative Proposals for the Introduction of the Police Warrant Prosecutors

As the political system has changed through the 21st presidential election, discussions are actively taking place to revise the overall criminal law. The core of the discussion on revising the criminal law is the separation of the right to investigate and the right to indict, and the ruling party is pushing for a bill to transfer the right to investigate to the Serious Crime Investigation Agency and to transfer the right to indict to the Ministry of Justice. If the above bill is passed, it is expected that much of the goal of separating the right to investigate and the right to indict will be achieved, such as the prosecution office affiliated with the Ministry of Justice will not be able to directly investigate. However, the issue of the right to claim a warrant must be resolved for the complete separation of the right to investigate and the right to indict. Since Article 12 (3) of the Constitution stipulates a prosecutor as the subject of the application for a warrant, it is highly likely to be discussed to grant the right to request a warrant to the prosecutor of the prosecution office, but since the right to request a warrant has a significant ripple effect on the investigation process, such as deciding whether to conduct a compulsory investigation, it is necessary to introduce a police warrant prosecutor system for the complete separation of the right to investigate and the right to indict. Therefore, in this study, the significance of warrantism under the Constitution, the problems in granting the right to claim a warrant to the prosecutor of the prosecution office, and the discussions so far for the introduction of the police's right to claim a warrant were reviewed, and the measures for the introduction of the police warrant inspection were proposed. I hope this study will be helpful in future criminal proceedings on the premise of the separation of the right to investigate and the right to indict.