검사와 특별사법경찰관의 상호협력에 관한 규정 제정이 바꾸는 절차와 기준 — 제1조·제2조 문언 정리

무엇이 바뀌었나

The reasons for the enactment of the Regulation on Mutual Cooperation Between Prosecutors and Special Judicial Police Officers (Presidential Decree, promulgated 2026-09-29, entering into force 2026-10-02), as published on the National Law Information Center, state as follows: as the Criminal Procedure Act was amended (Act No. 21857, promulgated August 4, 2026, entering into force October 2, 2026) to provide that prosecutors and special judicial police officers shall cooperate with each other with respect to investigation, the filing and maintenance of public prosecutions, and to allow special judicial police officers to request a prosecutor's guidance and advice when conducting investigations, this Regulation seeks to provide that prosecutors and special judicial police officers shall cooperate with each other in the course of investigations by special judicial police officers and in the course of the filing and maintenance of public prosecutions by prosecutors; to prescribe matters necessary for investigations by special judicial police officers, including the unit of a case and notification of the commencement of an investigation; and to prescribe matters delegated by the Act and matters necessary for its enforcement, including the procedures for a special judicial police officer's request for guidance and advice and the manner of a prosecutor's guidance and advice, measures taken by special judicial police officers in connection with a prosecutor's inspection of places of arrest and detention, the period of investigation of complaints and denunciations, and the transfer of a case where a special judicial police officer concludes an investigation. <Provided by the Ministry of Government Legislation>

This enactment aligns the subjects, procedures, and terminology of the relevant provisions (Article 1 and Article 2) with the amendment of the higher-ranking Act and the reorganization of the system. We do not speculate as to effects beyond the scope of the provisions set out in the original text.

조문으로 확인할 것

Readers may directly compare the pre- and post-amendment wording of Article 1 and Article 2 in the table comparing former and revised provisions and in the reasons for enactment and amendment at the National Law Information Center original text link (https://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=290601). In particular, how the subject of authority, the counterpart to notice and enforcement, and the wording of the requirements have changed must be read with each sentence distinguished.

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 enactment of the Regulation on Mutual Cooperation Between Prosecutors and Special Judicial Police Officers change or specify who becomes the subject of judgment and enforcement, and on what standards, 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 call for separate standards of interpretation?

When the amended Article 1 and Article 2 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

When subsequent amendments to the Regulation on Mutual Cooperation Between Prosecutors and Special Judicial Police Officers or further harmonization of related higher-ranking Acts, Enforcement Decrees, or Enforcement Rules are promulgated, this note will be rewritten. At that time, the changed article numbers and the timing of application of the supplementary provisions will be updated after rechecking them against the original text.