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Prosecution by public prosecutor and discretionary indictment as basic
principles of public prosecution in the Criminal Procedure Act have a merit
that can guarantee the elastic exercise of the prosecutorial power and the
materialization of substantial justice. But they involve a fault that can impair
the political neutrality of public prosecutors and give rise to the abuse of
prosecutorial power.
As a control measure against these principles, the request for ruling with
the competent High Court of the person who lodge complaints or accusations
on crimes was adopted by strong will of lawmakers of the Criminal
Procedure Act in 1954. It applied to non-institution of prosecution of all
crimes at that time, but the military government restricted its object to the
crimes of public officials as referred to in Articles 123 through 125(abuse of
authority, unlawful arrest and confinement, violence and cruel act) of the
Criminal Act from the Amendment in 1973.
The limitation of the object of request for ruling has an unconstitutionality
as to infringe the constitutional rights of equality and of trial procedure
statement of a victim of crimes as well as to weaken effectiveness of request
for ruling. So it couldn't have fulfilled it's function as a checking installation
about prosecutors monopoly and abuse of its power after 1973.
Nowadays the desires of citizens for correcting prosecutor's disposition not
to institute public prosecutions of crimes, such as the crimes in course of
official duties of public officials are strong. The request for ruling as its
controling system objectively guarantees the reasonableness of exercising the prosecutorial power. Moreover it subjectively aims at protecting fundamental
rights of criminal victims and relators. For realization of the aim of the re
quest for ruling, its object that was curtailed in 1973 should be widen to all
crimes. The extension of its object will make the people's participation in
criminal procedure possible and ensure the fairness of prosecutorial power.
Consequently the object of the request for ruling should be extended to
non-institution of all crimes.

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