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According to South Korean law, the Korean prosecutor implements the principle of a single prosecutor. Since the procurator alone constitutes an independent administrative office, the procurator must also be responsible for independently investigating, judging and making decisions on the cases for which he is responsible. The entire process of the case, including the prosecution, was done in the name of the prosecutor himself, not in the name of the prosecutor.
The supervisor only has the power to make recommendations on the case and does not have the power to change the decision of the chief prosecutor. In South Korea, the police are not able to handle cases independently, and all cases must go through prosecutors, who are also responsible for leading police investigations according to the classification of their powers (including various criminal cases).
In order to become a prosecutor in South Korea, a judge or lawyer must pass a bar exam. The bar examination is held annually. It is divided into three programs.
1.The multiple-choice questions mainly test eight courses: constitutional law, civil law, criminal law, foreign language, economics, cultural history, etc. The pass rate is 4
2.The essay questions mainly test: Constitutional Law, Civil Law, Criminal Law, Commercial Law, Civil Procedure Law, Criminal Procedure Law, etc. The pass rate is 30
3.10-20 people will also be eliminated for interviews.
You cannot become a judge, prosecutor or lawyer after completing the exam. It is also necessary to attend a two-year course established by the Supreme Court. According to the choice, you can complete all the professional courses to become a judge, prosecutor or lawyer, and pass the graduation examination before you can become a judge, prosecutor or lawyer.
And the bar exam is the only way, and there is no other way to become a prosecutor than the exam.
The junior prosecutors who have passed the course are assigned to work in the front-line inspection department in order to gradually master the operational methods.
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Prosecutors are all the same, right? 》
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South Korea is a political structure with a separation of powers, and the government is mainly composed of three parts: the Executive Yuan, the Legislative Yuan, and the courts. The prosecutor is subordinate to the Ministry of Justice in the Executive Yuan, and appears in the form of the Ministry of Justice.
In South Korea, prosecutors enjoy a high degree of independence, and the Minister of Justice nominally enjoys the highest powers, but his powers are only reflected in the means of action, and he has no right to interfere with prosecutors in specific investigations and handling of cases.
In South Korea, prosecutors have the following powers:
1.matters necessary for the investigation and prosecution of crimes;
2.Exercise command and supervision over the officers of the judicial police in the investigation of crimes;
3.Filing a request to the court for the proper application of laws and regulations;
4.Command and supervision of referee execution;
5.Perform civil proceedings, proceedings to which the State is a party or participant, and exercise direction and supervision over such enforcement;
6.Other matters as required by law.
Data Extensions
There are four levels of inspection in South Korea:
First, the Supreme Prosecutor's Office is equivalent to the Supreme Procuratorate of our country. It is mainly responsible for the investigation of major cases, as well as the formulation and summary of plans for lower-level procuratorial organs.
Second, the Higher Prosecutor's Office is equivalent to China's provincial procuratorate. The High Public Prosecutor's Office does not have the power to investigate quickly. There are only five main offices of the High Public Prosecutors' Office: Seoul, Busan, Daegu, Daejeon, and Gwangju.
Third, the local prosecutor's office. It is equivalent to the branch of the procuratorate of the province and municipality directly under the central government in China. Most of the prosecutors are concentrated in the local prosecutors' offices, so they are the most important authority of the Korean prosecutors. Responsible for the investigation of most cases.
Fourth, the branch offices of local procuratorates are equivalent to county-level procuratorates in China. It is mainly responsible for directing the police to investigate the case.
Reference: Chinese Court Wangchangfang - South Korea's Prosecutorial System.
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It is equivalent to the cadres of the ** inspection team, the level is independent of other organizations, but the power is large, the status is high, and the top can be picketed**, and the civilians can be checked.
In South Korea, prosecutors can call upon all police forces in their jurisdiction, decide on the nature of a case, issue an arrest warrant, and stop the investigation of a case. It is a very high status.
The main powers of the South Korean prosecutor are as follows:
1. Decide to file a criminal case. Whether a case is a criminal case or not is up to the prosecutor has the final say, but as far as I know, the Korean prosecutor's office seems to have a window for receiving and filing cases, and every day prosecutors from the prosecutor's office take turns to go to the case filing window, and then it seems that the cases that were touched when the case was filed cannot be handled later.
2. The power to initiate or terminate the investigation of a criminal case. Moreover, this power is generally not influenced by superiors or other departments, although formally the Korean prosecutor should be subordinate to the Ministry of Justice, but no justice minister will interfere with the prosecutor's handling of the case (and the prosecutor will not step on him if he interferes).
3 powers to command the police.
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Tutu: Of course, the salary is not the same.
The answer is supplemented. The prosecutor is a part of the criminal police, and the case is first sent to the prosecutor, who then decides what evidence to take and how to collect it, then directs the work of the criminal police, and finally it is up to him to appear in court for accusations. If you watch a lot of Korean movies, you can also pay attention to them through Korean movies. In such countries, prosecutors have a high status, but they also have very strict procedures and conditions for their appointment.
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Prosecutors have to take the Korean judicial examination three times, and they must pass all three times, and the pass rate is less than the 3 they applied for at the time of the last examination, and after passing the judicial examination, they have to go through two years of training, and then enter various legal professions by filling in the volunteers, and the prosecutors move quickly, and they generally have to be transferred in two to three years, the main reason is that the Korean prosecutors have great power. They can decide on the opening of cases, initiate and terminate criminal investigations, direct the work of the judicial police, withdraw or change charges at appropriate times, and even the Minister of Justice has no power to interfere in the investigation of specific cases.
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Korean dramas are because of the script!! Just like our cops here!!
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Investigate whether there are bribes or the like in officials.
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Let's be in charge of the investigation. It seems that there is no prosecutor in the country. Pretty much the same as the police = =
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