First, the organizational structure of Korean procuratorial organs.
There are four levels of procuratorial organs in Korea, namely, the Grand Prosecutor's Office, the High Prosecutor's Office, the Local Prosecutor's Office and the branches of the Local Prosecutor's Office.
1, Grand Prosecutor's Office. The Grand Prosecutor's Office is equivalent to the Supreme People's Procuratorate in China. In the Grand Prosecutor's Office, there are general affairs department, central investigation department, criminal department, powerful department, public security department, public trial litigation department, supervision department and other departments. In addition to the central investigation department directly investigating major cases, other departments generally only summarize and plan the relevant administrative business of subordinate departments.
2. Office of the Senior Prosecutor. The superior procuratorate is equivalent to the provincial people's procuratorate in China. Seoul, Busan, Daegu, Gwangju and Daejeon have 1, under which two or three local procuratorates are generally established. The Office of the Senior Prosecutor does not have the power to investigate criminal cases, but only has the right to judge the correctness of decisions made by local prosecutors' offices and branches on cases of exemption from prosecution and victims' refusal to accept complaints. If the judgment is wrong, you can issue an order to the local procuratorate or branch to request a new investigation or prosecution.
3. The local procuratorate. Local procuratorates are equivalent to branches of people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government, nationwide 13. According to statistics, one-half of the prosecutors in South Korea work in the local prosecutor's office and are responsible for investigating more than two-thirds of the cases in the country. It can be said that the local prosecutor's office is the first-line main organ in South Korea to exercise procuratorial power.
4, the local procuratorate branch. Branches are equivalent to county and district procuratorates in China, and 40 branches have been set up in China. The main feature of each branch of the local procuratorate is that the jurisdiction area is often not equal to the administrative area. Branches of local procuratorates generally have jurisdiction over five or six districts and counties, command five or six police departments, and are also responsible for investigating all cases within their jurisdiction. The local prosecutor's office generally guides the branches in administrative affairs (finance and personnel). Although the branches are subordinate to the local prosecutor's office, they can make decisions independently during the investigation of individual cases.
Second, the personnel composition of the Korean Procuratorate.
South Korea's procuratorial organs are composed of procurator-general, procurator-general, clerk, assistant clerk and workers. There are currently 40 prosecutors (chief prosecutors) in Korea, accounting for 0.5% of the total number of procuratorial organs; Inspector 1000, accounting for13.3% of the total; 2400 clerks, accounting for 32% of the total; Assistant clerk 1900, accounting for 26% of the total; There are more than 2,000 workers, accounting for about 27% of the total, and the total number is more than 7,000. All the business of Korean procuratorial organs is centered on procuratorial work. In the inspection room in charge of investigation, one inspection is generally the center, and it is equipped with two clerks, an assistant clerk and a secretary. When investigating important cases, if it is really necessary, the prosecutor may request the procurator-general to increase the number of clerks, or even call police personnel. General administrative affairs other than investigation shall be handled by cadres and clerks and other clerks.
Three. The functions and powers of Korean procuratorial organs
According to the law, South Korean procuratorial organs implement the principle that prosecutors are solely responsible. In Korea, prosecutors are called the only administrative office, that is, the administrative office composed of one prosecutor. Its center is that prosecutors independently investigate and judge the cases they are responsible for, make independent decisions and be responsible for themselves. Any criminal case is handled by the procurator-general, and the decisions on detention and exemption from detention, prosecution and exemption from prosecution of criminal suspects are made by the procurator-general, not in the name of the procurator-general or procuratorate. If the director disagrees with the boss, the boss can only give the director reference opinions, but can't change the director's decision.
According to Article 4 of South Korea's Public Prosecutor's Office Law, prosecutors have the following powers: ① to investigate crimes and decide on public prosecution; (2) Judicial police who command and supervise criminal investigations; (3) Request the court to apply the law reasonably; (4) Command and supervise the execution of the referee; (five) to guide and supervise the execution of litigation and administrative litigation in which the state is a party or participant; ⑥ According to other laws and regulations, it has other powers within the scope of its functions and powers. In addition to investigating criminal cases, the procuratorate is also responsible for realizing social justice in this respect, which is also one of its main tasks. Local procuratorates and below have set up departments of intellectual property, environment, architecture, cultural relics, transportation, forestry, taxation, economy, food, medical care, fire protection, railways, medicines, etc. Prosecutors are responsible for corresponding cases according to their division of labor, and command police organs and relevant administrative organs to exercise centralized control over their jurisdictions at any time.
Four. Investigation procedure of Korean procuratorate
According to the law, 34 special investigation agencies such as police, customs and taxation have the right to conduct investigations. However, according to the Korean Criminal Procedure Law, the right to decide the investigation and conclusion of criminal cases is only granted to prosecutors. Therefore, when the police and other institutions conduct investigations (investigations), they must be conducted under the command and supervision of prosecutors. Without the permission of the prosecutor, no investigation department can conduct or stop the investigation. After receiving the case reports from the police and other investigation organs, the public prosecutor may instruct the police or relevant departments to investigate. After the police or relevant departments complete the investigation according to the instructions of the public prosecutor, the public prosecutor decides whether to prosecute the suspect.
For criminal cases such as murder, robbery and fraud, if the procuratorial organ considers it necessary to investigate after directly accepting the report and accusation, it shall hand it over to the police to guide the police to investigate. The procuratorial organ may directly file a case for investigation for cases that are determined to be serious in nature and have huge losses, such as official corruption, economic crimes, organized crimes, environmental pollution, and judicial personnel engaging in malpractices for personal gain. According to the provisions of the Criminal Procedure Law of Korea, the investigation power of procuratorial organs involves all investigation fields. Therefore, Koreans call prosecutors "the king of criminal investigation".
Verb (abbreviation of verb) Qualification, rank and training of Korean prosecutors
In Korea, prosecutors have the same qualifications as judges and lawyers. Anyone who wants to be a prosecutor must pass the judicial examination first. The judicial examination is held once a year, and each examination is divided into three times. The content of the first exam is multiple-choice questions, mainly taking eight courses, such as Constitution, Civil Law, Criminal Law, Foreign Languages, Economics and Cultural History, and the passing rate is generally 4%. The content of the second exam is an essay question. Only those who have passed the first exam are eligible to take the second exam, which mainly takes constitutional law, administrative law, commercial law, civil law, civil procedure law, criminal law and criminal procedure law, with a passing rate of about 30%. The third exam is an interview. In this exam, 10 to 30 students were eliminated, and only 500 students (1.5 who took the exam) finally passed the exam.
Even if you pass the judicial examination, you can't immediately become a judge, prosecutor or lawyer. Those who pass the examination must enter the judicial training college run by the Supreme Court and complete two years of judicial training and study. In these two years, they have to learn all the business of judges, prosecutors and lawyers. After passing the graduation examination, he will be arranged to be a judge, prosecutor or lawyer according to his wishes and achievements. Clerks of courts and procuratorates must pass the judicial examination if they want to be judges and prosecutors, and there is no other way. All the preliminary inspectors are assigned to the first-line investigation departments, and gradually master the business methods in the practice process.
There are four levels of prosecutors in Korea, namely, chief procurator, senior prosecutor, procurator and procurator. If an inspector wants to become a senior inspector and chief inspector, he must work in a junior position for more than 10 years; Procurators of the Supreme People's Procuratorate, the procurator-general of the Office and the departments of local procuratorates and branches are responsible for the appointment of procurators, and those who need to be appointed have worked in the above departments for more than 5 years. The procurator-general needs to work in the post of senior prosecutor and chief prosecutor 15 years or more. According to the law, there are 1000 prosecutors, including 1 chief prosecutor, 8 senior prosecutors and 30 prosecutors, and the rest are prosecutors. In the local procuratorate, the procurator-general is the person in charge, and there are several high-ranking procurators below. In the business department, the person in charge is the minister, followed by the chief inspector, the second inspector and several inspectors. According to the regulations, the retirement age of the procurator-general is 65, and the retirement age of prosecutors at other levels is 63.