초록 close

Claim on the Liability of the Prosecutorial Activity * Senior Prosecutor, Seoul High Public Prosecutors' Office Park, Seung-Jin* Citizen's rights have been so much improved lately that the claims on the activity performed by the prosecutor have been increased rapidly. Korea Supreme Court deals with the claims against the prosecutor applying the same case law as it does with the other claims. The trend of Korea Supreme Court has the possibility of hurting the duty of the prosecutor. In United States, prosecutor acts as both the lawyer for the State and the investigative officer(administrator). When the prosecutor acts as the attorney of the State, he appears at a probable cause hearing on a search warrant, and files the indictment, and conducts in the trial. Those prosecutor's acts are associated with the judicial phase of the criminal process. United State Federal Court has ruled that the quasi-judicial act which is initially associated with the judicial phase of the criminal process should be entitled to absolute immunity, because absolute immunity serves for both the independence of the prosecutor and the policy of protecting judicial process. I strongly hope that Korea Supreme Court should take the role of the prosecutor into account and accept the immunity case law of United States Federal Supreme Court.


Claim on the Liability of the Prosecutorial Activity * Senior Prosecutor, Seoul High Public Prosecutors' Office Park, Seung-Jin* Citizen's rights have been so much improved lately that the claims on the activity performed by the prosecutor have been increased rapidly. Korea Supreme Court deals with the claims against the prosecutor applying the same case law as it does with the other claims. The trend of Korea Supreme Court has the possibility of hurting the duty of the prosecutor. In United States, prosecutor acts as both the lawyer for the State and the investigative officer(administrator). When the prosecutor acts as the attorney of the State, he appears at a probable cause hearing on a search warrant, and files the indictment, and conducts in the trial. Those prosecutor's acts are associated with the judicial phase of the criminal process. United State Federal Court has ruled that the quasi-judicial act which is initially associated with the judicial phase of the criminal process should be entitled to absolute immunity, because absolute immunity serves for both the independence of the prosecutor and the policy of protecting judicial process. I strongly hope that Korea Supreme Court should take the role of the prosecutor into account and accept the immunity case law of United States Federal Supreme Court.