프랑스 사법관의 인사시스템과 그 시사점(3) * - 사법관의 직무윤리와 징계제도를 중심으로 -

초록

Prosecutors hold the status of a quasi-judicial body to protect the fr eedom and human rights of people and keep justice as the representativ e of public good and protector of people's human rights. This prosecuti on power is entrusted in them by the people, which means that they s hould be independent from political power, not being influenced by any political pressure and unjust internal and external pressure, and exercis e their power in a fair and impartial way according to law, justice, and principle, following only the will of the people who have given them th e power. It is thus needed to introduce a personnel system for prosecutors to guarantee independence, objectivity, and transparency to guarantee the political neutrality and independence of the prosecution and allow the pr osecutors to exercise their power fairly. In France, which introduced the first modern prosecution system and * Hanyang University Law School, Professor. 프랑스 사법관의 인사시스템과 그 시사점(3) 35 offered the matrix for South Korea's prosecution system, the Supreme Council of Judges and Prosecutors(Conseil superieur de la magistratur e), a constitutional agency whose independence is guaranteed, is respon sible for the appointment and disciplinary action of judges and prosecut ors(les magistrats) to ensure the independence, objectivity, and transpa rency of their personnel. Looking at the implications of the disciplinary system for prosecutors in Korea, there are the establishment of an independent disciplinary co mmittee, the objective and fair composition and operation of the commit tee, the diversification of disciplinary claimants, and the guarantee of tr ansparency in the disciplinary system.

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