South Korea's political system is divided into three parts: executive, legislative and judicial. The prosecutor's office belongs to the administrative organ and the Ministry of Justice, which is a relatively independent system. There is no one-to-one correspondence between the jurisdiction of each prosecutor's office and the administrative region.
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 passing rate is very low. Even if you pass the judicial examination, you can't immediately become a prosecutor. Those who pass the examination must enter the judicial training institute run by the Supreme Court to complete two years of judicial training and study. During these two years, they should learn all the business of judges, prosecutors and lawyers. After passing the graduation examination, according to my wishes and achievements, I will arrange for him to be a judge, prosecutor or lawyer. All the first-time inspectors are assigned to the front-line investigation department, and gradually master the business methods in the practice process.
The Procurator's Office Law gives prosecutors the following powers: 1 criminal investigation, prosecution and necessary matters for its maintenance; 2. Exercising the command and supervision of judicial police officers in criminal investigation; 3. To apply laws and regulations correctly, make a request to the court; 4. Command and supervise the execution of the referee; 5. To perform civil litigation and litigation in which the state is a party or participant, and to exercise command and supervision over the execution; 6. Other matters stipulated by law. In addition to investigating criminal cases, prosecutors are also responsible for the realization of social justice in this area, which is also one of its main tasks. Departments of intellectual property, environment, architecture, heritage, communications, forestry, taxation, economy, food, medical fire prevention, railways, drugs, etc. have been set up in the local prosecutor's office and below, and the procuratorial work is in charge of corresponding cases according to the division of labor, and centralized control is implemented in the areas under their responsibility with the command of police organs and relevant administrative organs.
There are four levels of prosecutors in Korea, namely, chief procurator, senior procurator, procurator and procurator. As a chief procurator, the position of the procurator-general is closely related to the change of the president. Although the president has the right to change the procurator-general, the candidate for the procurator-general must meet the requirements of the procurator. Under normal circumstances, the procurator-general is selected from the senior procurator-general. If an inspector wants to be a senior inspector and chief inspector, he must work in a junior position for more than 10 years; The procurator of the High Prosecutor's Office, the chief procurator of the department, and the departments of the local prosecutor's office and branch offices are responsible for the appointment of procurators, and the personnel who need to be appointed have worked in the above departments for more than 5 years. Procurator-General needs to work in the post of senior prosecutor and chief prosecutor 15 years or more.
The appointment of prosecutors in South Korea is decided by the President, the Minister of Justice exercises the right to nominate, and the Prime Minister exercises the power to transfer prosecutors according to the entrustment of the President. The Procurator's Office is the organ in charge of procuratorial work, and the procurator is a sole official office system. All procuratorial affairs are handled by the procurator alone, and the procurator has his own authority. When exercising procuratorial functions, prosecutors are independent, and prosecutors independently investigate and judge the cases they are responsible for, make decisions independently, and take responsibility for themselves. Any criminal case is handled by a chief prosecutor, and the decisions on detention and exemption from detention, prosecution and exemption from prosecution of suspects are made by the chief prosecutor, not in the name of the chief prosecutor (procurator-general) or the procuratorate office. If the chief inspector does not agree with the boss's opinion, the boss can only give reference opinions to the chief inspector, but can't change the decision of the chief inspector. [page]
In order to ensure the procuratorial organs to exercise their functions and powers independently and fairly, prevent some disadvantages caused by working in the same position for a long time, and urge prosecutors to perform their duties creatively, South Korea implements a post rotation system for prosecutors. The principle is that during the continuous work in the same office, the general post shall not exceed 5 years, and the skilled post shall not exceed 7 years, but most of the staff will be transferred after working in the same post for 2-3 years. The specific procedure is: after screening, the qualified candidates will be screened again according to the evaluation and performance evaluation of prosecutors every six months, and new posts will be arranged.