Which is bigger, the South Korean parliamentarian or the prosecutor, and why is the South Korean pro

Updated on international 2024-07-24
9 answers
  1. Anonymous users2024-02-13

    South Korean parliamentarians and prosecutors do not have equal powers, nor are they two positions in the same system.

    1.Korean parliamentarians, or members of the National Assembly, are elected by the people and are members of the National Legislature of South Korea, which performs legislative functions. Although they are responsible for making laws, they do not have real power.

    2.The prosecutor of the Republic of Korea belongs to the Korean prosecutorial system and has a high degree of authority and independence. In South Korea, prosecutors are seen as professions with great social status and power, and law-related professions such as lawyers are considered the most "high" professions.

    Not only do they have a high social status, but they also have an enviable income. In legal affairs, prosecutors are responsible for prosecuting and supervising judges' judgments, which has an important impact on the construction of a legal society in Korea.

    In general, the South Korean prosecutor and parliamentarian are two positions with different responsibilities and powers that cannot be simply compared.

  2. Anonymous users2024-02-12

    Prosecutor.

    Because parliamentarians are elected by the people, they are equivalent to people's congress deputies and do not have real power. Prosecutors have a high social status in South Korea, and law-related professions such as prosecutors and lawyers are regarded as the most "high" professions in South Korea, not only with a high social status, but also with an enviable high income.

    In South Korea, prosecutors enjoy a high degree of independence, and the Minister of Justice nominally enjoys the highest authority, but his power is only reflected in administrative means, and he has no right to interfere with prosecutors in specific investigations and handling of cases.

  3. Anonymous users2024-02-11

    Prosecutors in South Korea have a lot of power. South Korea has a system design similar to that of independent prosecutors in the United States, that is, the "special prosecutor" system in South Korea. Once appointed, the special prosecutor is at the same level as the chief prosecutor of the High Prosecutor's Office of the Republic of Korea, and enjoys all the statutory powers of the prosecutor, and has the right to direct and supervise the subordinate prosecutor to assist in handling cases in accordance with the principle of unity of the prosecutor.

    In addition, the Special Prosecutor may appoint a number of Assistant Special Prosecutors to form a Special Prosecutor's Investigation Team, the exact number of which is determined by the Special Prosecutor on the basis of the needs of the case. In addition, in practice, because the special prosecutor has the right to direct other prosecutors and police officers to participate in assisting in the handling of the case, the actual number of prosecutors and police officers participating in the investigation team of the special prosecutor may be as high as dozens.

    Under the new historical conditions, further strengthening national unity is an inevitable requirement for building a moderately prosperous society in an all-round way and speeding up socialist modernization. It is an inevitable requirement to promote the common prosperity and development of all nationalities and build a harmonious socialist society. It is an inevitable requirement for continuing to deepen the emancipation of the mind and pushing forward the great cause of reform and opening up under the conditions of the new era.

    Restrictions on Authority:

    In order to limit the powers of the special prosecutor, the time limit for the special prosecutor to handle the case is strictly limited by the law, and the specific time limit for the handling of the case is clearly stipulated in the special prosecutor bill passed by the National Assembly, and the special prosecutor must close the case in a timely manner within the time limit.

    If, after the investigation of the case is completed, the special procurator finds that the evidence in the case is insufficient, he shall make a decision not to prosecute, and if the evidence in the case is sufficient and a decision is made to prosecute, he or she will normally transfer the case to the procurator of the local procuratorate with jurisdiction for public prosecution in accordance with the provisions of the Criminal Procedure Law on jurisdiction.

    In other words, South Korea's special prosecutors generally perform investigative functions only, not plenipotentiary prosecutors. Of course, in practice, there have been cases in which the special prosecutor has personally appeared in court to prosecute.

  4. Anonymous users2024-02-10

    In Korea, although the prosecutor's office is part of the state agency, i.e., the "Ministry of Justice", the prosecutor's office is first and foremost an independent investigation agency appointed by the state, and its members are ——— all prosecutors who can command and supervise the judicial police in the investigation of crimes.

  5. Anonymous users2024-02-09

    South Korean prosecutors are equivalent to cadres of China's first-class inspection team, and their rank is independent of other organizations, but they have great power and high status.

  6. Anonymous users2024-02-08

    1.South Korean prosecutors are the equivalent of China's first inspection team.

    Cadres are independent of other organizations, but they have great power and high status.

    2.The appointment of prosecutors in South Korea is decided by **, the Minister of Justice exercises the right of nomination, the Prime Minister exercises the power to transfer prosecutors according to the entrustment of **, the prosecutor's office is the organ in charge of procuratorial work, the prosecutor is a single-member government system, and all procuratorial affairs are handled by the prosecutor alone, and the prosecutor has their own authority.

    3.In exercising procuratorial functions, procurators are independent, and procurators independently investigate and judge cases for which they are responsible, make decisions independently, and assume responsibility for themselves.

    4.Any criminal case is handled by a Chief Prosecutor, and decisions on the detention and immunity of suspects, prosecution and immunity from prosecution are made by the Chief Prosecutor and not in the name of the Chief Prosecutor (Prosecutor-General) or the Public Prosecutor's Office.

    5.If there is a discrepancy between the opinion of the chief prosecutor and the supervisor, the supervisor can only give the chief prosecutor a reference opinion, and cannot change the decision of the chief prosecutor.

  7. Anonymous users2024-02-07

    <> South Korea's political system has a separation of powers, consisting of three parts: the executive, the legislative, and the judiciary. The procuratorial office is an administrative organ and is subordinate to the Ministry of Justice, which is a relatively independent system, and there is no one-to-one correspondence between the jurisdiction of each procuratorial office and the administrative region.

    Prosecutors have a high status in South Korean society.

    Law-related professions such as prosecutors and lawyers are regarded as the most "high" professions in South Korea, not only with high social status, but also with enviable high incomes. However, in the future, the threshold for entering the Korean judicial circle will be further raised, and not only will you have to pass the bar exam, which has a pass rate of only 3%, but you will also have to bear hundreds of millions of won in tuition and examination fees.

    Status of Prosecutors in South Korea:

    South Korea is a power structure with a separation of powers. The political power is mainly composed of three parts: the Executive Yuan, the Legislative Yuan and the courts. The prosecutor is subordinate to Chi Sun's Ministry of Justice in the Executive Yuan, and appears in the form of the Ministry of Justice's outer office.

    In South Korea, prosecutors enjoy a high degree of independence, and the Minister of Justice nominally enjoys supreme powers, but his powers are only reflected in administrative means, and he has no right to interfere with prosecutors in specific investigations and handling of cases.

    South Korea's inspection authorities are divided into four levels:

    1.The Grand Prosecutor's Office is equivalent to the highest prosecutor's office in Japan. It is mainly responsible for the investigation of major cases, as well as the formulation and summary of plans for lower-level procuratorial organs.

    2.The Higher Public Prosecutor's Office is equivalent to the provincial procuratorate in China. The High Public Prosecutor's Office does not have the power to investigate. There are only five main offices of the High Public Prosecutors' Office: Seoul, Busan, Daegu, Daejeon, and Gwangju.

    3.District Attorney'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.

    4.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.

    In South Korea, the police and 34 special investigative agencies, such as customs and taxation, have investigative powers. However, the Criminal Procedure Act of the Republic of Korea stipulates that the power to investigate a criminal case and decide on the conclusion of an investigation is vested only in the prosecutor, so the police and other agencies must conduct investigations under the direction and supervision of the prosecutors, and no investigation department can carry out investigations or stop investigations without the permission of prosecutors.

  8. Anonymous users2024-02-06

    Legal Analysis: Prosecutors Have a High Social Status in South Korea Prosecutors and lawyers are regarded as the most "high" professions in South Korea, not only with high social status, but also with enviable high incomes.

    Legal basis: Procurators Law of the People's Republic of China》 Article 2: Procurators are procurators exercising state procuratorial power in accordance with law, and Liang Xinliang includes chief procurators, deputy chief procurators, members of procuratorial committees, and procurators of specialized people's procuratorates such as the Supreme People's Procuratorate, local people's procuratorates at all levels, and military procuratorates.

  9. Anonymous users2024-02-05

    Legal Analysis: South Korea's judiciary is independent, and South Korea's political system consists of three parts: executive, legislative, and judicial. The Public Prosecutor's Office is part of the Ministry of Justice and is nominally an executive branch, but it is a relatively independent system that gives prosecutors a great deal of power.

    In specific cases, the South Korean prosecutor has absolute dominance, especially in major and important cases, and the police can only give the prosecutor a hand, but cannot handle the case independently.

    Legal basis: "Organic Law of the People's Procuratorates of the People's Republic of China" Article 17: As needed for procuratorial work, people's procuratorates may set up procuratorial offices in prisons, detention centers, and other such venues, to exercise part of the authority of the people's procuratorate that dispatched them, and may also conduct roving inspections of the above-mentioned venues. The establishment of a procuratorial office by a provincial-level people's procuratorate shall be subject to the consent of the Supreme People's Procuratorate and relevant provincial-level departments.

    The establishment of procuratorial offices by people's procuratorates at the districted-city level and basic level people's procuratorates shall be upon the consent of the provincial-level people's procuratorate and relevant provincial-level departments.

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