공수처, 내일부터 ‘불기소 사건 서류’ 검찰에 안 보내

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고위공직자범죄수사처(공수처)가 오는 19일부터 기소권이 없는 사건을 불기소 처분할 경우 관련 서류를 검찰로 보내지 않기로 결정했다. 이는 법무부가 공수처법에 배치된다며 반대 의견을 냈던 건이다. 공수처는 18일 이 같은 내용이 담긴 개정 사건사무규칙을 오는 19일 관보 게재 후 시행할 예정이라고 밝혔다. 공수처는 개정안에 대해 “공수처법 및 헌법재판소와 법원의 결정에 근거해 제도 운영상 나타난 미비점을 보완한 것”이라 설명했다. 공수처가 개정 근거로 삼은 공수처법 조항은 제27조와 제29조다. 공수처는 “공수처법 제27조에 의하면 공수처는 기소권 존재 여부와 무관하게, 모든 수사 대상 범죄에 대한 불기소결정권이 존재한다”고 해석했다. 공수처법 제29조와 관련해선 “기소권 없는 사건의 불기소결정에 대해서 고소·고발인은 재정신청을 할 수 있는데, 위 조항은 공수처에서 해당 ‘불기소기록’을 보유하고 있음을 전제하고 있다”고 판단했다. 아울러 공수처는 ‘공수처 검사가 직무수행에 있어 검찰청법

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