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In South Korea, the social status of prosecutors is indeed superior to that of ordinary civil servants, and it is a profession that is envied and respected by the Korean people. They earn very well, for example: South Korea's per capita salary in 2018 was 45 million won (260,000 yuan), while South Korean prosecutors had an annual salary of 65 million won (380,000 yuan) as soon as they joined the company.
In addition, the independent prosecutorial system also gives prosecutors the dignified authority of "ordering and prohibiting, and calling for support" in the Korean judicial system. In the investigation of the case, whether it is the local police station or the customs**, it is necessary to listen to the command of the prosecutor, and without the permission of the prosecutor, even a piece of evidence is not allowed to be searched and entered into the warehouse by the police or other handling agencies. Therefore, high status, high income, and great power are the characteristics of South Korean prosecutors.
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South Korean 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, not only with high social status, but also with enviable high incomes.
Although the South Korean prosecutor is appointed by **, he is not affected by the change of **, even if ** is discharged, as long as the prosecutor general is during the appointment period, the next ** has no right to replace. In addition, the prosecutor has the power to investigate** and even step down**. In South Korea, most of the incumbent ** have been plotted.
Therefore, it can be said that the status of Korean prosecutors is very high.
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Yes, the prosecutor of South Korea can decide to open a case, initiate and terminate a criminal investigation, direct the work of the judicial police, and can withdraw or change the charges at the right time, and even the attorney general has no right to interfere in the investigation of specific cases.
The South Korean prosecutor's office is very independent in the process of handling cases. Although the Minister of Justice has supreme authority in the administration of justice, he can only administer the prosecutor as a whole, but does not have the power to dictate the investigation of specific cases.
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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.
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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.
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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.
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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.
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<> 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.
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Legal Analysis:1There are four levels of prosecutors in South Korea, namely the Attorney General, the High Prosecutor General, the Attorney General, and the Public Prosecutor.
Although the chief prosecutor has the right to replace the chief prosecutor, the candidate for the chief prosecutor must be a person who meets the requirements for a prosecutor, and under normal circumstances, the chief prosecutor is selected from among the senior chief prosecutors.
2.In order for a prosecutor to become a senior prosecutor and a chief prosecutor, he or she must have worked in a junior position for at least 10 years; The appointment of prosecutors from the High Public Prosecutor's Office, the chief prosecutor of the department, and the departments of the District Public Prosecutor's Office and branch offices is responsible for the appointment of prosecutors, and the appointee is required to have worked in the above-mentioned department for at least five years. The Attorney General is required to have at least 15 years of service in the position of Senior Prosecutor and Chief Prosecutor.
Legal basis: "Public Prosecutor's Office Act" South Korea's political system implements a separation of powers, consisting of three parts: executive, legislative and judicial, the prosecutor's office is an administrative agency, subordinate to the Ministry of Justice, is a relatively independent system, and there is no one-to-one correspondence between the jurisdiction of each prosecutor's office and the administrative region.
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