형사사법절차 전자화 촉진법 일부개정이 바꾸는 절차와 기준 — 제1조·제2조 문언 정리

무엇이 바뀌었나

The reasons for the partial amendment of the Act on Promotion of the Electronic Processing of Criminal Justice Procedures (Act, promulgated on 2026-09-29, effective on 2026-10-02), made public on the National Law Information Center, state as follows: With the abolition of the Prosecutors' Office Act, scheduled to take effect on October 2, 2026, and the establishment of a criminal justice system in which investigation and prosecution are institutionally separated under the Prosecution Service Act and the Act on the Organization and Operation of the Serious Crime Investigation Agency, the criminal justice system was reorganized in a direction whereby the Criminal Procedure Act, the principal statute governing Korea's criminal proceedings, was amended on August 4, 2026 to abolish prosecutors' direct investigation authority, to unify the subjects of investigation as judicial police officers, and to have prosecutors take charge of the filing and maintenance of public prosecutions. Accordingly, the purpose is to rectify provisions that do not conform to the new criminal justice system. <Provided by the Ministry of Government Legislation>

This partial amendment aligns the subjects, procedures, and terminology of the relevant provisions (Article 1, Article 2, and Article 3) to accord with amendments to higher-level statutes or institutional reorganization. No effect beyond the scope of the provisions set out in the original text is conjectured.

조문으로 확인할 것

Readers may directly compare the pre- and post-amendment wording of Articles 1, 2, and 3 in the comparison table of former and current provisions and the reasons for enactment and amendment at the original text link of the National Law Information Center (https://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=290187). In particular, one needs to read carefully, on a sentence-by-sentence basis, how the holders of authority, the counterparties to notification and enforcement, and the wording of the requirements have changed.

What standards the transitional provisions (Supplementary Provisions) between the promulgation date (2026-09-29) and the effective date (2026-10-02) apply to procedures already in progress or to facts that arose previously must also be confirmed by comparing the main text and the Supplementary Provisions together.

입법에 묻는 것

How does the wording of this partial amendment of the Act on Promotion of the Electronic Processing of Criminal Justice Procedures change or specify who, and on what criteria, becomes the subject of determination and enforcement in practical procedures? Does the harmonization of terminology and the system of provisions maintain continuity with the rights and obligations relations of the preceding procedures, or does it require separate standards of interpretation?

When the amended Article 1, Article 2, and Article 3 are applied to actual case Records and disposition procedures after the enforcement date (2026-10-02), what remains to be additionally clarified in subordinate regulations or enforcement guidelines with respect to the parties' right of defense or right to participate in procedure, or channels for raising objections?

다시 볼 조건

If subsequent amendments to the Act on Promotion of the Electronic Processing of Criminal Justice Procedures, or further harmonization of the relevant higher-ranking Acts, Enforcement Decrees, or Enforcement Rules, are promulgated, this note will be rewritten. At that time, the changed article numbers and the time of application of the Additional Provisions will be checked again against the original text and updated.