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한국의 형사사법 체계 및 관리에 관한 연구. 2, 조직구조, 충원 그리고 기관 신뢰도를 중심으로

한국의 형사사법 체계 및 관리에 관한 연구. 2, 조직구조, 충원 그리고 기관 신뢰도를 중심으로 (1회 대출)

자료유형
단행본
개인저자
신의기, 저 이유나, 저 이민호, 저 원소연, 저 임성근, 저
서명 / 저자사항
한국의 형사사법 체계 및 관리에 관한 연구 = Analysis of Korean criminal justice system and its management. 2, 조직구조, 충원 그리고 기관 신뢰도를 중심으로 / 신의기 [외]
발행사항
서울 :   한국형사정책연구원,   2017  
형태사항
xxi, 802 p. : 도표 ; 26 cm
총서사항
연구총서 ;17-B-12
ISBN
9791187160700
일반주기
공저자: 이유나, 이민호, 원소연, 임성근  
부록수록  
서지주기
참고문헌: p. [767]-780
000 00000nam c2200205 c 4500
001 000045945383
005 20180626113513
007 ta
008 180626s2017 ulkd b 000c kor
020 ▼a 9791187160700 ▼g 93330
040 ▼a 211009 ▼c 211009 ▼d 211009
041 0 ▼a kor ▼b eng
082 0 4 ▼a 345.519 ▼2 23
085 ▼a 345.53 ▼2 DDCK
090 ▼a 345.53 ▼b 2016z9 ▼c 2
245 0 0 ▼a 한국의 형사사법 체계 및 관리에 관한 연구 = ▼x Analysis of Korean criminal justice system and its management. ▼n 2, ▼p 조직구조, 충원 그리고 기관 신뢰도를 중심으로 / ▼d 신의기 [외]
260 ▼a 서울 : ▼b 한국형사정책연구원, ▼c 2017
300 ▼a xxi, 802 p. : ▼b 도표 ; ▼c 26 cm
490 1 0 ▼a 연구총서 ; ▼v 17-B-12
500 ▼a 공저자: 이유나, 이민호, 원소연, 임성근
500 ▼a 부록수록
504 ▼a 참고문헌: p. [767]-780
700 1 ▼a 신의기, ▼e
700 1 ▼a 이유나, ▼e
700 1 ▼a 이민호, ▼e
700 1 ▼a 원소연, ▼e
700 1 ▼a 임성근, ▼e
830 0 ▼a 연구총서 (한국형사정책연구원) ; ▼v 17-B-12
900 1 0 ▼a Shin, Eui-gi, ▼e
900 1 0 ▼a Lee, Yoo-na, ▼e
900 1 0 ▼a Lee, Min-ho, ▼e
900 1 0 ▼a Won, So-hyeon, ▼e
900 1 0 ▼a Lim, Sung-geun, ▼e
945 ▼a KLPA

소장정보

No. 소장처 청구기호 등록번호 도서상태 반납예정일 예약 서비스
No. 1 소장처 중앙도서관/법학도서실(법학도서관 지하1층)/ 청구기호 345.53 2016z9 2 등록번호 111789608 도서상태 대출가능 반납예정일 예약 서비스 B M

컨텐츠정보

목차

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 수사기소기관의 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

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