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▶ 이 책은 한국형사정책연구원의 한국의 형사사법체계 및 관리에 관한 연구를 다룬 정부간행물입니다.

국문요약 ··············································································1
?제1장? 서 장 ? 신의기 ······················································13
제1절 연구의 목적과 의의 ··········································································15
제2절 연구의 내용 및 방법 ········································································18
?제2장? 형사사법기관 조직의 실태 및 변화 분석
? 신의기·정희수 ·····················································21
제1절 정부조직의 변천과 우리나라 형사사법기관의 변화 ··························23
1. 제1공화국시대 ······························································································23
2. 제2공화국시대 ······························································································24
3. 국가재건최고회의시대 ··················································································26
4. 제3공화국시대 ······························································································27
5. 제4공화국시대 ······························································································29
6. 제5공화국시대 ······························································································30
7. 제6공화국 이후 ·····························································································32
가. 노태우 정부시대(1988. 2. ∼ 1993. 2.) ····················································32
나. 문민정부 시대(1993. 2. ∼ 1998. 2.) ························································32
다. 국민의 정부시대(1998. 2. ∼ 2003. 2.) ····················································33
라. 참여정부 시대(2003. 2. ∼ 2008. 2.) ························································35
마. 이명박 정부시대(2008. 2. ∼ 2013. 2.) ····················································36
바. 박근혜 정부(2013. 2. ∼ 2017. 5.) ···························································38
사. 문재인 정부(2017. 5. ∼ ) ···········································································40
8. 형사사건 처리절차와 형사사법기관 ····························································41
제2절 경찰의 조직과 인력 ··········································································42
1. 경찰조직과 인력변화 개요 ···········································································42
ii 한국의 형사사법체계 및 관리에 관한 연구 (Ⅱ)
2. 조직의 변화 ··································································································44
가. 미군정-제1공화국시대 ···················································································44
나. 제2공화국시대 ································································································47
다. 제3공화국시대 ································································································48
라. 치안본부시대 ··································································································50
마. 경찰청시대 ······································································································53
3. 현재 경찰조직의 구조와 기능 ·····································································56
가. 경찰위원회 ······································································································56
나. 중앙경찰조직 ··································································································57
다. 지방경찰조직 ··································································································59
라. 경찰 특별조직 ································································································61
4. 경찰조직의 인사와 운영 ·····················································
목차 iii
2. 법원조직의 변화 ···························································································88
가. 제1공화국시대 및 제2공화국시대 ·································································88
나. 제3공화국시대 - 제5공화국시대 ··································································89
다. 제6공화국 이후 ······························································································90
3. 현행 법원조직 ·······························································································92
가. 법원의 조직구조 ·····························································································92
나. 고등법원 ··········································································································94
다. 법원 행정처 ····································································································95
라. 법원 인력현황 ································································································95
마. 법원의 인력임용 ·····························································································98
제5절 교정기관의 조직과 인력구조 변화 ·················································101
1. 교정기관의 연혁 ·························································································101
2. 교정조직의 변화 ·························································································102
3. 현행 조직구조 ·····························································································106
4. 인력현황과 충원 ·························································································108
제6절 보호기관의 조직과 인력구조 변화 ·················································113
1. 보호기관의 연혁 ·························································································113
2. 보호기관조직의 변화 ··················································································115
?제3장? 주요국의 형사사법기관 조직구조 및 충원제도
? 이민호·원소연·임성근 ··········································121
제1절 연구배경과 분석틀 ··········································································123
제2절 미국의 형사사법기관 ······································································126
1. 미국의 형사사법체계 개요 ········································································126
가. 형사사법기관 간 관계 구조 ········································································126
나. 최근의 제도 변화와 쟁점 ············································································128
2. 미국의 경찰조직과 충원제도 ·····································································130
가. 개요 ···············································································································130
나. 조직구조 및 기능 ·························································································132
다. 충원 및 인사제도 ·························································································159
iv 한국의 형사사법체계 및 관리에 관한 연구 (Ⅱ)
3. 미국의 검찰조직과 충원제도 ·····································································178
가. 조직구조 및 기능 ·························································································178
나. 충원 및 인사제도 ·························································································203
4. 미국의 법원조직과 충원제도 ·····································································217
가. 조직구조 및 기능 ·························································································217
나. 충원 및 인사제도 ·························································································237
5. 미국의 교정조직과 충원제도 ·····································································257
가. 조직구조 및 기능 ·························································································257
나. 충원 및 인사제도 ·························································································272
제3절 영국의 형사사법기관 ······································································280
1. 영국의 형사사법체계 개요 ········································································280
가. 형사사법기관 간 관계 구조 ········································································280
나. 최근의 제도 변화와 쟁점 ············································································282
2. 영국의 경찰조직과 충원제도 ·····································································285
가. 조직구조 및 기능 ·························································································285
3. 충원 및 인사제도 ·······················································································307
4. 영국의 검찰조직과 충원제도 ·····································································325
가. 조직구조 및 기능 ·························································································325
나. 충원 및 인사제도 ·························································································339
5. 영국의 법원조직과 충원제도 ·····································································348
가. 조직구조 및 기능 ·························································································348
나. 충원 및 인사제도 ·························································································374
6. 영국의 교정조직과 충원제도 ·····································································382
가. 조직구조 및 기능 ·························································································382
나. 충원 및 인사제도 ·························································································393
제4절 독일의 형사사법기관 ······································································403
1. 독일의 형사사법체계 개요 ········································································403
가. 형사사법기관 간 관계 구조 ········································································403
나. 최근의 제도 변화와 쟁점 ············································································405
2. 독일의 경찰조직과 충원제도 ·····································································407
가. 조직구조 및 기능 ·························································································407
나. 충원 및 인사제도 ·························································································429
목차 v
3. 독일의 검찰조직과 충원제도 ·····································································435
가. 조직구조 및 기능 ·························································································435
나. 충원 및 인사제도 ·························································································442
다. 유럽검찰청의 탄생과 독일검찰의 영향 ······················································447
4. 독일의 법원조직과 충원제도 ·····································································449
가. 조직구조 및 기능 ·························································································449
나. 충원 및 인사제도 ·························································································464
다. 연방판사선출의 공정성 및 투명성 확보를 위한 노력 ······························468
5. 독일의 교정조직과 충원제도 ·····································································470
가. 교정행정의 개요 ···························································································470
나. 조직구조 및 기능 ·························································································472
다. 교정공무원의 충원 및 인사제도 ·································································478
라. 독일의 교도소 민영화 동향 ········································································480
제5절 일본의 형사사법기관 ······································································482
1. 일본의 형사사법체계 개요 ········································································482
가. 형사사법기관 간 관계구조 ··········································································482
나. 최근의 제도 변화와 쟁점 ············································································487
2. 일본의 경찰조직과 충원제도 ·····································································492
가. 조직구조 및 기능 ·························································································492
나. 충원 및 인사제도 ·························································································506
3. 일본의 검찰조직과 충원제도 ·····································································513
가. 조직구조 및 기능 ·························································································513
나. 충원 및 인사제도 ·························································································522
4. 일본의 법원조직과 충원제도 ·····································································523
가. 조직구조 및 기능 ·························································································523
나. 충원 및 인사제도 ·························································································532
5. 일본의 교정?보호관찰 조직과 충원제도 ··················································533
가. 교정 ···············································································································533
나. 보호관찰 ·······································································································550
제6절 결론 및 정책적 시사점 ··································································563
1. 주요국의 형사사법체계 분석 요약 ····························································563
2. 정책적 시사점 ·····························································································576
vi 한국의 형사사법체계 및 관리에 관한 연구 (Ⅱ)
?제4장? 형사사법기관의 조직 및 인력 관련
주요문제와 해결방안 ? 신의기·도규엽 ···················581
제1절 경찰 관련 주요문제와 해결방안 ·····················································583
1. 자치경찰제 도입 문제 ················································································583
가. 국가경찰과 자치경찰 ···················································································583
나. 자치경찰제 도입의 필요성 ··········································································584
다. 자치경찰제의 단점 ·······················································································587
라. 지방자치경찰제 도입과 관련된 구체적인 문제 ·········································588
마. 경찰개혁위원회에서 논의 중인 자치경찰제 모델 ······································591
바. 자치경찰제 도입의 방향 ··············································································592
사. 자치경찰제와 수사권조정의 상관관계 ························································594
2. 경찰인력 및 직급체제의 정비 ···································································597
가. 일반직 공무원의 배치를 통한 비경찰인력의 충원 ····································597
나. 경찰청장 등의 선출직 전환 ········································································597
다. 고위 간부의 직위 개방 ···············································································598
라. 경찰직급체제의 개선 ···················································································598
제2절 검찰 관련 주요문제와 해결방안 ·····················································600
1. 검찰의 정치적 중립성 확보방안 ·······························································600
가. 법무부 등 타정부기관의 탈검찰화 ·····························································600
나. 구체적 개선방안 ···························································································602
2. 검사장 직선제 문제 ···················································································606
가. 검사장 직선제 도입에 대한 찬반 논의 ······················································606
나. 선거의 대상 문제 ·························································································610
다. 유권자 범위설정의 문제 ··············································································611
라. 후보자의 자격 ······························································································612
마. 임기 및 연임 여부 ·······················································································612
바. 정당의 선거관여행위 금지 ··········································································613
사. 선출된 검사장의 권한 ·················································································613
3. 검찰과 경찰의 수사권조정 문제 ·······························································614
4. 고위공직자비리수사처 설치 ·······································································617
가. 검찰과 독립된 별도 수사?기소기관의 필요성에 대한 검토 ·····················617
목차 vii
나. 공수처 설치에 대한 찬반론 ········································································618
다. 공수처 설치 반대 이론 ···············································································619
라. 공수처 관련 주요 법안 내용 ······································································626
마. 법무부안의 주요 내용 ·················································································628
제3절 법원관련 주요문제와 해결방안 ·······················································635
1. 대법원장의 권한 비대화 ············································································635
2. 법원행정처의 문제 ·····················································································637
3. 대법원장 임명과 대법관의 임명 및 구성의 다양화 ································639
가. 대법원장과 대법관의 임명 개선방안 ··························································639
나. 대법원 구성의 다양화 방안 ········································································641
다. 추천위원회의 개선 ·······················································································644
라. 인사권자로부터 법관의 독립강화 ·······························································646
4. 법조일원화에 따른 법관임용문제 ······························································647
가. 법조일원화의 도입 ·······················································································647
나. 임용단위 및 임용 후 전보인사 실시범위의 문제 ·····································648
다. 선발방법의 문제 ···························································································649
라. 임용기준의 문제 ···························································································650
마. 비법조인의 법관 임용 문제 ········································································651
5. 법관선거제도의 도입 문제 ········································································652
가. 미국의 법관선거제도 ···················································································652
나. 법관선거제도 도입 여부에 대한 논의 ························································653
제4절 교정보호조직의 문제와 해결방안 ···················································654
1. 교정청 내지 교정보호청의 신설에 대한 논의 ·········································654
가. 필요성 ···········································································································654
나. 교정청 신설제안 ···························································································655
다. 2004년 개편 추진과정 ················································································655
라. 주요 연혁 ·····································································································656
2. 교정보호청 승격과 조직개편 방향 ····························································658
가. 교정과 보호의 융합 ·····················································································658
나. 수용자와 범죄피해자 인권보호 ···································································660
viii 한국의 형사사법체계 및 관리에 관한 연구 (Ⅱ)
?제5장? 형사사법기관에 대한 국민의 신뢰도 조사
분석결과 ? 이유나 ···············································663
제1절 조사 개요 ·······················································································665
1. 조사 목적 ····································································································666
2. 조사 대상 ····································································································666
3. 조사내용 ······································································································670
가. 신뢰도 ···········································································································670
나. 각 기관의 업무에 대한 평가 ······································································674
다. 신뢰의 영향요인 ···························································································675
라. 조직 및 인력관련 쟁점에 관한 인식 ·························································678
4. 분석방법 ······································································································679
제2절 설문조사대상자의 일반적 특징 ·······················································679
1. 설문조사 대상자의 인구사회학적 특징 ····················································679
2. 신뢰의 영향요인 ·························································································682
가. 범죄피해 경험 및 형사사법기관 접촉(이용) 경험 ·····································682
나. 범죄에 대한 인식 ·························································································688
다. 기타 영향요인 ······························································································691
제3절 형사사법기관에 대한 신뢰도 ··························································695
1. 형사사법기관에 대한 신뢰도 ·····································································695
가. 기관 신뢰도 ··································································································695
나. 기능 신뢰도 ··································································································699
2. 영향요인별 기관 신뢰도의 차이 검정 ······················································713
가. 범죄피해 경험 및 형사사법기관 접촉 경험에 따른 차이 ·························713
나. 범죄에 대한 인식에 따른 차이 ···································································717
다. 기타 영향요인에 따른 차이 ········································································721
3. 영향요인별 기능 신뢰도의 차이검정 ························································725
가. 범죄피해 경험 및 형사사법기관 접촉(이용) 경험에 따른 차이 ···············725
나. 범죄에 대한 인식에 따른 차이 ···································································727
다. 기타 영향요인에 따른 차이 ········································································730
4. 형사사법기관의 신뢰도에 영향을 미치는 요인 ········································732
가. 기관 신뢰도의 영향요인 ··············································································733
목차 ix
나. 기능 신뢰도의 영향요인 ··············································································734
제4절 형사사법기관의 업무에 대한 인식 ·················································736
1. 경찰 업무에 대한 인식 ··············································································736
2. 검찰 업무에 대한 인식 ··············································································738
3. 법원 업무에 대한 인식 ··············································································739
4. 교정 업무에 대한 인식 ··············································································741
5. 보호기관 업무에 대한 인식 ·······································································743
제5절 형사사법기관 조직 및 인력에 관한 인식 ·······································746
1. 자치경찰제 도입에 관한 인식 ···································································746
2. 검사 인력에 관한 인식 ··············································································747
3. 판사 인력에 관한 인식 ··············································································748
4. 교정기관 시설 증설과 교정인력에 관한 인식 ·········································749
5. 위치추적센터 전담인력에 관한 인식 ························································750
제6절 소결 ································································································751
1. 조사대상자의 특성 ·····················································································752
2. 형사사법기관에 대한 기관 신뢰도 ····························································753
3. 형사사법기관에 대한 기능 신뢰도 ····························································754
4. 형사사법기관의 신뢰도에 영향을 미치는 요인 ········································755
5. 형사사법기관의 업무에 대한 인식 ····························································755
6. 형사사법기관 조직 및 인력에 관한 쟁점에 대한 인식 ··························756
?제6장? 결 론 ? 신의기 ····················································757
참고문헌 ··········································································767
Abstract ·········································································781
부록 ················································································789