PROSECUTORS’ OFFICE ACT
Wholly Amended by Act No. 3882, Dec. 31, 1986
Amended by Act No. 4043, Dec. 31, 1988
Act No. 4395, Nov. 22, 1991
Act No. 4543, Mar. 10, 1993
Act No. 4930, Jan. 5, 1995
Act No. 4946, Mar. 30, 1995
Act No. 4961, Aug. 4, 1995
Act No. 5263, Jan. 13, 1997
Act No. 5430, Dec. 13, 1997
Act No. 6855, Feb. 4, 2003
Act No. 7078, Jan. 20, 2004
Act No. 7796, Dec. 29, 2005
Act No. 8494, jun. 1, 2007
Act No. 8717, Dec. 21, 2007
Act No. 9644, May 8, 2009
Act No. 9815, Nov. 2, 2009
Act No. 10858, Jul. 18, 2011
Act No. 11153, Jan. 17, 2012
Act No. 11690, Mar. 23, 2013
Act No. 14582, Mar. 14, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide for the organization, scope of duties and personnel of prosecutors' offices and other necessary matters.
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 2 (Prosecutors' Offices) |
| (1) | Prosecutors' offices shall exercise overall control over prosecutorial affairs. |
| (2) | Prosecutors' offices shall consist of the Supreme Prosecutors' Office, high prosecutors' offices and district prosecutors' offices. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 3 (Establishment and Territorial Jurisdictions of Prosecutors' Offices) |
| (1) | The Supreme Prosecutors' Office shall be established in the Supreme Court, high prosecutors' offices in high courts, and district prosecutors' offices in district courts and family courts, respectively. |
| (2) | In areas where a branch office of a district court is established, a branch office of the district prosecutors' office concerned (hereinafter referred to as "branch office") may be established corresponding thereto. |
| (3) | The location of the Supreme Prosecutors' Office and the names and locations of prosecutors' offices, other than the Supreme Prosecutors' Office, (hereinafter referred to as "prosecutors' offices of all levels") and branch offices shall be determined by Presidential Decree. |
| (4) | The territorial jurisdictions of prosecutors' offices of all levels and branch offices shall conform to those of courts of all levels and branch offices of district courts. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 4 (Duties of Prosecutors) |
| (1) | Each prosecutor shall have the duties and authority falling under any of the following subparagraphs as a representative of public interests: |
| 1. | Investigation of crimes, filing of prosecutions, and matters necessary for the maintenance thereof; |
| 2. | Direction for and supervision of judicial police officers with respect to the investigation of crimes; |
| 3. | Requests for appropriate application of Acts and subordinate statutes to a court; |
| 4. | Direction for and supervision of the execution of judgments; |
| 5. | Proceedings with litigation or administrative litigation to which the State is a party or a participant, or direction for or supervision of such proceedings; |
| 6. | Matters which fall under the authority of prosecutors under other Acts and subordinate statutes. |
| (2) | Each prosecutor shall observe political neutrality and shall not abuse the powers bestowed on him/her in the course of conducting his/her duties as a person serving the public at large. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 5 (Jurisdiction where Prosecutors Conduct their Duties) |
Except as otherwise provided for by Acts and subordinate statutes, each prosecutor shall conduct his/her duties in the territorial jurisdiction of the prosecutors' office to which he/she is assigned: Provided, That if it is required for an investigation, he/she may carry out his/her duties outside such territorial jurisdiction.
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 6 (Classes of Prosecutors) |
Prosecutors shall be classified as either Prosecutor General or prosecutor.
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 7 (Direction and Supervision of Prosecutory Affairs) |
| (1) | Each prosecutor shall follow the direction and supervision of his/her superiors with respect to prosecutory affairs. |
| (2) | Any prosecutor may raise an objection, when he/she has different views on the legality or justification of the direction and supervision under paragraph (1) in connection with a specific case. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 7-2 (Delegation, Transfer, and Succession of Prosecutor's Duties) |
| (1) | The Prosecutor General, chief prosecutors of prosecutors' offices of all levels and branch chiefs may have prosecutors under their control perform some of their duties. |
| (2) | The Prosecutor General, chief prosecutors of prosecutors' offices of all levels and branch chiefs may perform the duties of prosecutors under their control personally, or have another prosecutor perform such duties. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 8 (Direction and Supervision of Minister of Justice) |
The Minister of Justice shall, as a chief superintendent to supervise prosecutory affairs, direct and supervise prosecutors in general, and with respect to specific cases, direct and supervise only the Prosecutor General.
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 9 (Mutual Assistance in Execution of Duties) |
Public officials in prosecutors' offices shall assist one another in connection with the execution of duties of prosecutors' offices.
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 10 (Appeals and Reappeals) |
| (1) | Any complainant or accuser who is dissatisfied with a non-prosecution disposition given by a prosecutor may file a written appeal with the chief prosecutor of the competent high prosecutors' office through the district prosecutors' office or branch office to which the prosecutor is assigned. In such cases, the prosecutor of the district prosecutors' office or a branch office concerned shall, when he/she deems such appeal to have due grounds, rectify such disposition. |
| (2) | The chief prosecutor of a high prosecutors' office may, when he/she deems the appeal under paragraph (1) to have due grounds, have a prosecutor under his/her control directly rectify a non-prosecution disposition given by a prosecutor of a district prosecutors' office or branch office. In such cases, the prosecutor of the high prosecutors' office shall be considered to conduct duties as a prosecutor of the district prosecutors' office or branch office. |
| (3) | Any appellant (excluding those eligible to apply for a ruling under Article 260 of the Criminal Procedure Act; hereafter the same shall apply in this Article) under paragraph (1) may, when he/she is dissatisfied with a disposition to dismiss an appeal, or when three months have passed without the execution of the disposition for his/her appeal since the appeal was filed, file a written reappeal to the Prosecutor General through the high prosecutors' office to which such prosecutor is assigned. In such cases, a prosecutor of the high prosecutors' office concerned shall, when he/she deems such reappeal to have due grounds, rectify such disposition. |
| (5) | The reappeal under paragraph (3) shall be filed within 30 days from the date of receipt of a notice of a court decision on the dismissal of appeal or from the date on which three months have passed without the execution of the disposition for the appeal since the appeal was filed. |
| (6) | In cases falling under paragraphs (4) and (5), if it is clearly explained that an appellant or reappellant fails to file an appeal or reappeal thereof within the fixed period due to any cause which is not attributable to him/ her, the period of such appeal or reappeal shall be reckoned from the time when such cause is settled. |
| (7) | Any appeal or reappeal received after the expiration of the period under paragraphs (4) and (5) shall be dismissed: Provided, That the same shall not apply to cases where the accuser or complainant explains the cause thereof as important evidence is newly discovered. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 11 (Provisions concerning Delegation) |
Matters necessary for the affairs of prosecutors' offices shall be determined by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
CHAPTER II SUPREME PROSECUTORS' OFFICE
| Article 12 (Prosecutor General) |
| (1) | The Supreme Prosecutors' Office shall have a Prosecutor General. |
| (2) | The Prosecutor General shall take charge of affairs of the Supreme Prosecutors' Office, exercise the overall control over prosecutory affairs, and direct and supervise the public officials in prosecutors' offices. |
| (3) | The term of office of the Prosecutor General shall be two years, and he/she shall not be reappointed. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 13 (Deputy Prosecutor General) |
| (1) | The Supreme Prosecutors' Office shall have a Deputy Prosecutor General. |
| (2) | The Deputy Prosecutor General shall assist the Prosecutor General and act on behalf of the Prosecutor General, when he/she is unable to perform his/her duties due to any extenuating circumstance. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 14 (Prosecutors of Supreme Prosecutors' Office) |
The Supreme Prosecutors' Office shall have its own prosecutors.
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 15 (Prosecution Research Officers) |
| (1) | The Supreme Prosecutors' Office shall have prosecution research officers. |
| (2) | Prosecution research officers shall be appointed from among prosecutors and may concurrently hold office as prosecutor of high prosecutors' office or of district prosecutors' office. |
| (3) | Prosecution research officers shall assist the Prosecutor General and engage in planning, investigation and research concerning prosecutory affairs. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 16 (Organization of Offices) |
| (1) | The Supreme Prosecutors' Office shall have departments and one administrative bureau which have several divisions, and matters concerning establishment of and an allocation of affairs between departments, administrative bureau and divisions shall be determined by Presidential Decree. |
| (2) | Departmental chiefs, the director general, and division chiefs shall be assigned to the departments, administrative bureau and divisions under paragraph (1), respectively, and departmental chiefs shall be appointed from among prosecutors, the director general of administrative bureau from among public officials in general service in the Senior Civil Service, and division chiefs from among Grade III prosecution officials, Grade III information and communication officials, Grade IV prosecution investigation officials, Grade IV information and communication officials and Grade IV industry officials: Provided, That division chiefs of departments may be appointed from among prosecutors. |
| (3) | Departmental chiefs, the director general of administrative bureau, and division chiefs under paragraph (2) shall handle affairs of the departments, administrative bureau and divisions concerned under the command of their superiors, and shall direct and supervise public officials under their control. |
| (4) | The Supreme Prosecutors' Office may, as prescribed by Presidential Decree, have officers directly assist the Deputy Prosecutor General or departmental chiefs in planning policies, drafting plans, and conducting research and investigations, examinations, evaluations and public relations. In such cases, such officers shall be appointed from among state public officials in extraordinary service equivalent to Grade III or IV state public officials, on condition that they may be appointed from among prosecutors if deemed particularly necessary. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
CHAPTER III HIGH PROSECUTORS' OFFICES
| Article 17 (Chief Prosecutors of High Prosecutors' Offices) |
| (1) | Each high prosecutors' office shall have a chief prosecutor. |
| (2) | The chief prosecutor of each high prosecutors' office shall take charge of affairs of the high prosecutors' office, and direct and supervise public officials assigned thereto. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 18 (Deputy Chief Prosecutors of High Prosecutors' Offices) |
| (1) | Each high prosecutors' office shall have a deputy chief prosecutor. |
| (2) | Each deputy chief prosecutor shall assist the chief prosecutor of the high prosecutors' office to which he/she is assigned and act on behalf of the chief prosecutor when the latter is unable to perform his/her duties due to any extenuating circumstance. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 18-2 (Departmental Chief Prosecutors of High Prosecutors' Offices) |
| (1) | Each high prosecutors' office may have departments in order to divide management of affairs. |
| (2) | Each department in each high prosecutors' office shall have a departmental chief prosecutor. |
| (3) | The departmental chief prosecutor shall handle affairs of the department under the command of his/her superiors. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 19 (Prosecutors of High Prosecutors' Offices) |
| (1) | Each high prosecutors' office shall have prosecutors. |
| (2) | The Minister of Justice may have a prosecutor of any high prosecutors' office handle affairs at the location of any district prosecutors' office within the jurisdiction of the high prosecutors' office. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 20 (Organization of Offices) |
| (1) | Each high prosecutors' office shall have an administrative bureau which has several divisions, and matters concerning the establishment of divisions and division of affairs shall be determined by Presidential Decree. |
| (2) | Each department of each high prosecutors' office may have several divisions, and matters concerning the establishment of divisions and division of affairs shall be determined by Presidential Decree. |
| (3) | The administrative bureau and divisions under paragraphs (1) and (2) shall have a director general and division chief, respectively, and the director general of the administrative bureau shall be appointed from among public officials in general service in the Senior Civil Service, and the division chiefs from among Grade III prosecution officials, Grade IV prosecution investigation officials, Grade IV information and communication officials, Grade V prosecution officials, Grade V investigation officials, Grade V narcotics investigation officials, and Grade V electricity officials and Grade V communication officials. |
| (4) | The director general of each administrative bureau and division chiefs under paragraph (3) shall handle affairs of the respective administrative bureau and divisions under the command of their superiors, and direct and supervise public officials assigned thereto. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
CHAPTER IV DISTRICT PROSECUTORS' OFFICES AND BRANCH OFFICES
| Article 21 (Chief Prosecutors of District Prosecutors' Offices) |
| (1) | Each district prosecutors' office shall have a chief prosecutor. |
| (2) | Each chief prosecutor of each district prosecutors' office shall take charge of affairs of the district prosecutors' office concerned, and direct and supervise public officials assigned thereto. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 22 (Branch Chiefs) |
| (1) | Each branch office shall have a branch chief. |
| (2) | Each branch chief shall handle affairs under his/her authority under the command of the chief prosecutor of district prosecutors' office concerned, and direct and supervise public officials under his/her control. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 23 (Deputy Chief Prosecutors of District Prosecutors' Offices and of Branch Offices) |
| (1) | Each district prosecutors' office, and each branch office determined by Presidential Decree shall have a deputy chief prosecutor. |
| (2) | Each deputy chief prosecutor shall assist the chief prosecutor of district prosecutors' office to which he/she is assigned or branch chief and act on behalf of the chief prosecutor of district prosecutors' office to which he/she is assigned or branch chief when the chief prosecutor or branch chief is unable to perform his/her duties due to any extenuating circumstance. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 24 (Departmental Chief Prosecutors) |
| (1) | Each district prosecutors' office and branch office may have departments in order to divide management of affairs. |
| (2) | Each department in each district prosecutors' office and each branch office shall have a departmental chief prosecutor. |
| (3) | Each departmental chief prosecutor shall handle affairs of the department concerned under the command of his/her superiors. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 25 (Prosecutors of District Prosecutors' Offices and Branch Offices) |
Each district prosecutors' office and each branch office shall have prosecutors, respectively.
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 26 (Organization of Offices) |
| (1) | Each district prosecutors' office, and each branch office determined by Presidential Decree, shall have an administrative bureau which has several divisions, and matters concerning establishment of divisions and the division of affairs shall be determined by Presidential Decree. |
| (2) | Branch offices without an administrative bureau shall have divisions, and matters concerning establishment of divisions and the division of affairs shall be determined by Presidential Decree. |
| (3) | Each department in each district prosecutors' office and each branch office may have divisions, and matters concerning establishment of divisions and the division of affairs shall be determined by Presidential Decree. |
| (4) | Each administrative bureau and each division under paragraphs (1) through (3) shall have a director general and division chief, respectively, and the director general of each administrative bureau shall be appointed from among public officials in general service in the Senior Civil Service, Grade III prosecution officials and Grade IVprosecution investigation officials, and the division chiefs from among Grade III prosecution officials, Grade IV prosecution investigation officials, Grade IV information and communication officials, Grade V prosecution officials, Grade V investigation officials, Grade V narcotics investigation officials, Grade V electricity officials and Grade V communication officials. |
| (5) | The director general of each administrative bureau and division chiefs under paragraph (4) shall handle affairs of the administrative bureau or divisions concerned under the command of their superiors, and direct and supervise public officials assigned thereto. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 27 (Qualifications for Prosecutor Generals) |
The Prosecutor General shall be appointed from among persons who have held a position falling under any of the following subparagraphs for not less than 15 years:
| 1. | A judge, prosecutor or attorney-at-law; |
| 3. | A person qualified as an attorney-at-law and has worked as an assistant professor of laws or at a higher position at a college or university. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 28 (Criteria for Appointment of Prosecutors of Class above Prosecutor of Supreme Prosecutors' Office) |
Prosecutors of classes above that of prosecutor of the Supreme Prosecutors' Office, who are determined by Presidential Decree, such as chief prosecutors of high prosecutors' offices and Deputy Prosecutor General of the Supreme Prosecutors' Office, shall be appointed from among persons who have held a position falling under any subparagraph of Article 27 for not less than ten years. [This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 28-2 (Special Cases for Appointment of Prosecutor of Supreme Prosecutors' Office in Charge of Inspection) |
| (1) | The prosecutor of the Supreme Prosecutors' Office to take charge of inspection affairs (hereinafter referred to as "prosecutor of the Supreme Prosecutors' Office in charge of inspection") shall be appointed through open recruitment to invite well-suited persons from inside and outside prosecutors' offices. |
| (2) | The prosecutor of the Supreme Prosecutors' Office to take charge of inspection shall be appointed from among persons who have held a position falling under any subparagraph of Article 27 for not less than ten years. |
| (3) | The Prosecutor Personnel Committee under Article 35 shall deliberate on whether any applicant to the open recruitment under paragraph (1) is suitable for appointment, and select not more than three candidates, and recommend them to the Minister of Justice. |
| (4) | Upon receiving a recommendation under paragraph (3), the Minister of Justice shall make a proposal for appointment of one of the candidates recommended by the Prosecutor Personnel Committee to the President, considering the opinion of the Prosecutor General. In such cases, for a person who is a prosecutor at the time of appointment, such proposal for appointment shall be made by the method of change of position, and for a person who is not a prosecutor at the time of appointment, such proposal for appointment shall be made by the method of new appointment. |
| (5) | The term of office of a prosecutor of the Supreme Prosecutors' Office in charge of inspection shall be two years and he/she may be reappointed. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 28-3 (Change of Position of Prosecutor of Supreme Prosecutors' Office in Charge of Inspection) |
| (1) | No prosecutor of the Supreme Prosecutors' Office in charge of inspection who is appointed by the method of change of position shall be transferred to any other position contrary to his/her will, except in cases where he/ she falls under any of the following subparagraphs: |
| 2. | Where he/she considerably lacks in the ability to perform occupational duties. |
| (2) | When a prosecutor of the Supreme Prosecutors' Office in charge of inspection who is appointed by the method of change of position falls under any subparagraph of paragraph (1), the Minister of Justice may make a proposal to the President to appoint such prosecutor to another position through the deliberation by the Prosecutor Personnel Committee under Article 35 and subsequently considering the opinion of the Prosecutor General. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 28-4 (Retirement of Prosecutor of Supreme Prosecutors' Office in Charge of Inspection) |
| (1) | A prosecutor of the Supreme Prosecutors' Office in charge of inspection who is newly appointed shall obligatorily retire at the time his/her term of office expires, unless he/she is reappointed. |
| (2) | Where a prosecutor of the Supreme Prosecutors' Office in charge of inspection who is newly appointed is deemed to face difficulty performing his/her duties normally as a prosecutor due to a considerable lack of ability to perform occupational duties, etc., the Minister of Justice may propose to the President to issue an order for retirement to such prosecutor through the examination of qualifications under Article 39. |
| (3) | In cases of applying Article 39 with respect to the examination of qualifications under paragraph (2), "every seven years after they each is appointed" in paragraph (1) of the same Article shall be deemed "where the Minister of Justice deems necessary". |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 29 (Qualifications for Prosecutors) |
Each prosecutor shall be appointed from among those who fall under any of the following subparagraphs:
| 1. | A person who has completed a course at the Judicial Research and Training Institute after passing the judicial examination; |
| 2. | A person qualified as an attorney-at-law. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 30 (Appointment of Prosecutors of High Prosecutors' Offices, etc.) |
Prosecutors of high prosecutors' offices, and deputy chief prosecutors, departmental chief prosecutors and branch chiefs of district prosecutors' offices and branch offices, excluding prosecutors falling under Article 28, shall be appointed from among those who have held a position falling under any subparagraph of Article 27 for not less than seven years. [This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 31 (Aggregating Years of Service) |
In the application of Articles 27, 28 and 30 with respect to those who have held two or more positions, the number of years of service in each position shall be aggregated. [This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 32 (Judicial Trainee Acting on Behalf of Prosecutor) |
| (1) | The Prosecutor General may, where the dean of the Judicial Research and Training Institute requests, order a judicial trainee of the Judicial Research and Training Institute to act on behalf of a prosecutor of a district prosecutors' office or branch office for a fixed period. |
| (2) | Where the Prosecutor General deems necessary, he/she may have a Grade IV prosecution investigation official, Grade V prosecution official, Grade V investigation official or Grade V narcotics investigation official act on behalf of a prosecutor of a district prosecutors' office or branch office. |
| (3) | No person who acts on behalf of a prosecutor under paragraphs (1) and (2) shall handle any case brought to a collegial court under the Court Organization Act. |
| (4) | The scope of prosecutor's duties to be exercised vicariously under paragraph (2) and other matters necessary for operation of vicarious exercise of prosecutor's duties, etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 33 (Causes for Disqualification) |
No person who falls under any of the following subparagraphs shall be appointed as a prosecutor: <Amended by Act No. 14582, Mar. 14, 2017>
| 2. | A person who is sentenced to imprisonment without prison labor or heavier punishment; |
| 3. | A person who is removed from office following an impeachment decision and for whom five years have not yet passed since such time; |
| 4. | A person who has retired as a public official belonging to the Office of the President and for whom two years have not yet passed since his/her retirement. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 34 (Appointment of Prosecutors and Assignment of Positions to Prosecutors, etc.) |
| (1) | The appointment of prosecutors and assignment of positions to prosecutors shall be made by the President upon the proposal of the Minister of Justice. In such cases, the Minister of Justice shall make the proposal to assign prosecutors to positions, considering the opinion of the Prosecutor General. |
| (2) | When the President appoints the Prosecutor General by the proposal of the Minister of Justice, he/she shall undergo personnel hearings held by the National Assembly. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 34-2 (Committee for Recommendation of Prosecutor General Candidates) |
| (1) | The Committee for Recommendation of Prosecutor General Candidates (hereinafter referred to as the “Recommendation Committee”) shall be established under the control of the Ministry of Justice to have the Committee recommend a list of candidates who the Minister of Justice will propose for the position of Prosecutor General. |
| (2) | Every time the Minister of Justice proposes a candidate for the position of Prosecutor General, the Recommendation Committee shall be comprised of nine members, including one Chairperson. |
| (3) | The Chairperson shall be appointed or commissioned by the Minister of Justice from among the members falling under paragraph (4). |
| (4) | Members shall be appointed or commissioned by the Minister of Justice from among any of the following persons: |
| 1. | A person who has served as prosecutor at a level equivalent to the prosecutor or higher of the Supreme Prosecutor’s Office as defined under Article 28 and who has a high level of social confidence; |
| 2. | The Deputy Minister for Criminal Affairs of Ministry of Justice; |
| 3. | The Vice Minister of National Court Administration; |
| 4. | The President of Korean Bar Association; |
| 5. | The President of Korea Law Professors Association Inc.; |
| 6. | The Chief Director of Korean Association of Law Schools; |
| 7. | Three persons with no lawyer’s license who have knowledge and a reputation for virtue as well as abundant experience in the various specialized fields. In such cases, at least one member shall be a woman. |
| (5) | The Chairperson shall convene meetings of the Recommendation Committee upon request by the Minister of Justice or by not less than one-third of the members of the Committee, or where deemed necessary by the Chairperson, and a resolution shall be approved by an affirmative vote of a majority of the members of the Committee present at a meeting. |
| (6) | The Recommendation Committee shall recommend not less than three candidates for the position of Prosecutor General. |
| (7) | The Minister of Justice shall give due consideration to the recommendations by the Recommendation Committee, when proposing candidates for the position of Prosecutor General. |
| (8) | When the Recommendation Committee recommends candidates for the position of Prosecutor General pursuant to paragraph (6), the Committee shall be deemed dissolved. |
| (9) | Other necessary matters concerning the establishment and operation of the Recommendation Committee shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10858, Jul. 18, 2011]
| Article 35 (Prosecutor Personnel Committee) |
| (1) | The Prosecutor Personnel Committee (hereinafter referred to as the “Personnel Committee”) shall be established under the control of the Ministry of Justice in order to have the Committee deliberate on the appointment and change of position of prosecutors and other important matters concerning personnel affairs. <Amended by Act No. 10858, Jul. 18, 2011> |
| (2) | The Personnel Committee shall be comprised of 11 members, including one Chairperson, and the Chairperson shall be appointed or commissioned by the Minister of Justice, from among the members falling under paragraph (3). <Amended by Act No. 10858, Jul. 18, 2011> |
| (3) | Any of the following persons shall be appointed or commissioned by the Minister of Justice as a Committee member, and the term of office for a Committee member shall be for a period of one year: <Newly Inserted by Act No. 10858, Jul. 18, 2011> |
| 1. | Three prosecutors: Provided, That at least one prosecutor except for a prosecutor with qualifications falling under Articles 28 and 30 shall be included; |
| 2. | Two judges recommended by the Minister of National Court Administration: Provided, That their participation shall be limited to deliberation on the appointment of new prosecutors under paragraph (4) 2; |
| 3. | Two attorneys recommended by the President of Korean Bar Association; |
| 4. | Two law professors recommended, one each by the President of Korea Law Professors Association Inc. and the Chief Director of Korean Association of Law Schools; |
| 5. | Two persons with no lawyer’s license who have knowledge and a reputation for virtue as well as abundant experience in the various specialized fields. |
| (4) | The Personnel Committee shall deliberate on the following matters: <Newly Inserted by Act No. 10858, Jul. 18, 2011> |
| 1. | Matters concerning the formulation of the master plan for personnel administration for prosecutors, and the amendment and repeal of Acts and subordinate statutes related to personnel affairs for prosecutors; |
| 2. | Matters concerning principles and standards for the appointment and change of position of prosecutors; |
| 3. | Matters on which not less than one-third of the members of the Committee requests deliberation in relation to an evaluation of prosecutors’ investigation, involving an acquittal case or any other case that has drawn much of the public’s attention; |
| 4. | Other matters related to personnel affairs on which the Minister of Justice requests deliberation. |
| (5) | The Personnel Committee shall adopt a resolution by an affirmative vote of a majority of the members of the Committee present. <Newly Inserted by Act No. 10858, Jul. 18, 2011> |
| (6) | Other necessary matters concerning the composition and operation of the Personnel Committee shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 10858, Jul. 18, 2011> |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 35-2 (Evaluations of Work Performance, etc.) |
| (1) | The Minister of Justice shall draw up impartial evaluation criteria to conduct evaluations of work performance and competence of prosecutors. |
| (2) | Criteria for conducting competence evaluations under paragraph (1) shall include sincerity, integrity and kindness. |
| (3) | The Minister of Justice shall conduct evaluations for prosecutors in compliance with the evaluation criteria under paragraph (1), and reflect the outcomes thereof in personnel management, such as the assignment and change of position of prosecutors. |
| (4) | Other necessary matters concerning evaluations of work performance and competence shall be prescribed by Ordinance of the Ministry of Justice. |
[This Article Newly Inserted by Act No. 10858, Jul. 18, 2011]
| Article 36 (Quota, Remuneration and Disciplinary Action) |
| (1) | Each prosecutor shall be a public official in special service, and matters necessary for the quota and remuneration of and disciplinary action against each prosecutor shall be determined separately by other Acts. |
| (2) | The status of prosecutor shall be respected, and the remuneration of prosecutors shall be determined commensurate with their duties and level of dignity. |
| (3) | With respect to the judicial trainee of the Judicial Research and Training Institute who acts on behalf of a prosecutor under Article 32 (1), actual expenses shall be paid as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 37 (Guarantee of Status) |
No prosecutor shall be removed from office, unless he/she is impeached or sentenced to imprisonment without prison labor or heavier punishment, nor shall he/she be subject to such dispositions as dismissal, removal from office, suspension from duty, reduction of salary, censure or retirement unless he/she is subject to a disciplinary disposition or examination of qualifications.
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 38 (Temporary Retirement) |
| (1) | When a prosecutor falls under any cause in the following subparagraphs, the Minister of Justice shall order him/her to retire from office temporarily: |
| 1. | When a prosecutor is conscripted or drafted for military service; |
| 2. | When a prosecutor leaves his/her office in order to perform another duty prescribed by Acts. |
| (2) | Where a prosecutor files a petition for temporary retirement for any reason falling under any of the following subparagraphs and such petition is deemed well-grounded, the Minister of Justice shall permit such petition: |
| 1. | When a prosecutor receives a legal training at law research institutes, colleges, etc. inside or outside Korea; |
| 2. | When a prosecutor needs to receive medical treatment for his/her disease. |
| (3) | In cases falling under paragraphs (1) and (2), matters necessary for the payment of remuneration, etc. during the period of temporary retirement shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 38-2 (Period of Temporary Retirement) |
The period of temporary retirement of prosecutors shall be as follows: <Amended by Act No. 11153, Jan. 17, 2012>
| 1. | The period of temporary retirement under Article 38 (1) shall be for the period until the period of service ends; |
| 2. | The period of temporary retirement under Article 38 (2) 1 shall be for a period of up to two years; |
| 3. | The period of temporary retirement under Article 38 (2) 2 shall be for a period of up to one year (Three years in cases of on-the-job illness or injury under the Public Officials Pension Act). |
[This Article Newly Inserted by Act No. 9815, Nov. 2, 2009]
| Article 39 (Examination of Qualifications for Prosecutors) |
| (1) | With respect to prosecutors (excluding the Prosecutor General), the examination of qualifications shall be conducted every seven years after they each is appointed. |
| (2) | In order to conduct the examination under paragraph (1), the Prosecutors' Qualification Examination Committee (hereinafter referred to as the "Committee") composed of nine members falling under any of the following subparagraphs shall be established in the Ministry of Justice: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | One legal expert recommended by the Chief Justice of the Supreme Court; |
| 2. | One attorney-at-law recommended by the president of the Korean Bar Association; |
| 3. | One professor of laws recommended by the Minister of Education; |
| 4. | Two persons who have knowledge and experience in judicial systems and commissioned by the Minister of Justice; |
| 5. | Four prosecutors nominated by the Minister of Justice. |
| (3) | Members under paragraph (2) 1 through 3 shall be commissioned by the Minister of Justice upon recommendation of the relevant recommending organs. |
| (4) | Where the Committee deems that a prosecutor has difficulty in conducting his/her duties normally as a prosecutor because he/she considerably lacks the ability to conduct occupational duties, etc., the Committee may propose to the Minister of Justice the retirement of such prosecutor through the resolution of not less than 2/3 of incumbent members. |
| (5) | Before its resolution under paragraph (4) is made, the Committee shall provide the relevant prosecutor a sufficient opportunity to make a statement before the Committee. |
| (6) | The Minister of Justice shall, when he/she deems a proposal for retirement under paragraph (4) reasonable, propose that the President issue an order for retirement to the prosecutor concerned. |
| (7) | The criteria for the qualification and term of office of the members under each of the subparagraphs of paragraph (2), and method of investigation and deliberation of and other matters necessary for the operation of the Committee shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 39-2 (Retirement Due to Mental and Physical Disability) |
When a prosecutor is unable to perform his/her duties due to serious mental or physical disability, the President may order such prosecutor to retire from office upon the proposal of the Minister of Justice.
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 40 (Honorable Retirement) |
| (1) | Where a prosecutor who has been in continuous service for 20 years or more intends to voluntarily retire from office before the mandatory retirement age, he/she may be paid an honorable retirement allowance. |
| (2) | Matters necessary for the amount and payment of honorable retirement allowances under paragraph (1) shall be determined by Presidential Decree. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 41 (Retirement Age) |
The mandatory retirement age of the Prosecutor General and prosecutors, other than the Prosecutor General, shall be 65 years and 63 years, respectively.
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 42 Deleted. <by Act No. 7078, Jan. 20, 2004> |
| Article 43 (Prohibition of Political Activities, etc.) |
No prosecutor shall perform any act falling under any of following subparagraphs while in office:
| 1. | Become a member of the National Assembly or a local council; |
| 2. | Get involved in any political activity; |
| 3. | Engage in business, the purpose of which is to obtain monetary profits; |
| 4. | Engage in other remunerative duties without the permission of the Minister of Justice. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 44 (Concurrent Office of Prosecutors) |
Any official of the Ministry of Justice or any organization under its control who is qualified to be appointed as a prosecutor may concurrently hold the office of prosecutor. In such cases, he/she shall receive the higher remuneration among them, and such concurrent office shall not be included in the quota of prosecutors under Article 36.
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 44-2 (Prohibition, etc. of Dispatch of Prosecutors) |
| (1) | Any public prosecutor shall not be dispatched to the Office of the President nor concurrently take the position thereof. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14582, Mar. 14, 2017> |
| (2) | A person who has retired as a public prosecutor and for whom one year has not yet passed since his/her retirement shall not be appointed to a position in the Office of the President. <Newly Inserted by Act No. 14582, Mar. 14, 2017> |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
CHAPTER VI OFFICIALS OF PROSECUTORS' OFFICES
| Article 45 (Officials of Prosecutors' Offices) |
Prosecutors' offices shall have public officials in general service in the Senior Civil Service, Grade III prosecution officials, Grade IV prosecution investigation officials, Grade V prosecution officials, Grade V investigation officials, Grade V narcotics investigation officials, Grade VI prosecution officials, Grade VI narcotics investigation officials, Grade VII prosecution officials, Grade VII narcotics investigation officials, Grade VIII prosecution officials, Grade VIII narcotics investigation officials, Grade IX prosecution officials, Grade IX narcotics investigation officials and public officials in extraordinary service.
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 46 (Duties of Grade IV Prosecution Investigation Officials, etc.) |
| (1) | Grade IV prosecution investigation officials, Grade V prosecution officials, Grade VI prosecution officials, Grade VI narcotics investigation officials, Grade VII prosecution officials and Grade VII narcotics investigation officials, Grade VIII prosecution officials and Grade VIII narcotics investigation officials shall engage in the following affairs: |
| 1. | Affairs concerning investigations ordered by prosecutors; |
| 2. | Preparation and preservation of criminal records; |
| 3. | Assistance in the litigation work of the prosecutor designated to proceed with litigation and administrative litigation to which the State is a party or a participant, records thereon, and preparation and preservation of other documents; |
| 4. | Other affairs concerning prosecutorial administration. |
| (2) | Grade IV prosecution investigation officials, Grade V investigation officials, and Grade V narcotics investigation officials shall assist prosecutors, and conduct criminal investigations under the direction of prosecutors. |
| (3) | Grade VIII prosecution officials, Grade VIII narcotics investigation officials, Grade IX prosecution officials and Grade IX narcotics investigation officials shall assist Grade IV prosecution investigation officials, Grade V prosecution officials, Grade V investigation officials, Grade V narcotics investigation officials, Grade VI prosecution officials, Grade VI narcotics investigation officials, Grade VII prosecution officials or Grade VII narcotics investigation officials. |
| (4) | Grade IV prosecution investigation officials, Grade V prosecution officials, Grade VI prosecution officials, Grade VI narcotics investigation officials, Grade VII prosecution officials, Grade VII narcotics investigation officials, Grade VIII prosecution officials and Grade VIII narcotic investigation officials may, in cases where they have a differing opinion from that of a prosecutor on the preparation of an investigative protocol, mention the purport at the end of the investigative protocol. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 47 (Conduct of Duties as Judicial Police Officers) |
| (1) | Grade VI prosecution officials, Grade VI narcotics investigation officials, Grade VII prosecution officials, Grade VII narcotics investigation officials, Grade VIII prosecution officials, Grade VIII narcotics investigation officials, Grade IX prosecution officials and Grade IX narcotics investigation officials who are nominated by the Prosecutor General or the chief prosecutor of any prosecutors' offices of all levels shall, with respect to cases accepted by the prosecutors' office or branch office to which they are assigned, conduct duties referred to in the following subparagraphs: |
| 1. | Grade VI prosecution officials, Grade VI narcotics investigation officials, Grade VII prosecution officials and Grade VII narcotics investigation officials: Duties of judicial police officer under Article 196 (1) of the Criminal Procedure Act; |
| 2. | Grade VIII prosecution officials, Grade VIII narcotics investigation officials, Grade IX prosecution officials and Grade IX narcotics investigation officials: Duties of assistant judicial police officer under Article 196 (2) of the Criminal Procedure Act. |
| (2) | Public officials in extraordinary service nominated by the Prosecutor General or the chief prosecutor of any prosecutors' offices of all levels shall conduct duties referred to in the following subparagraphs: |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 48 (Secretarial Officer of Prosecutor General) |
| (1) | The Supreme Prosecutors' Office shall assign a secretarial officer to the Prosecutor General. |
| (2) | The secretarial officer shall be appointed from among Grade IV prosecution investigation officials or state public officials in extraordinary service equivalent to Grade IV state public officials, and take charge of confidential matters under the control of the Prosecutor General. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 49 (Interpretation and Technical Officials) |
| (1) | Prosecutors' offices may have public officials in charge of the affairs in interpretation and technical fields. |
| (2) | Public officials under paragraph (1) shall engage in affairs concerning translation, interpretation or techniques under the control of their superiors: Provided, That Grade V computer officials, Grade V broadcasting communication officials, Grade VI computer officials, Grade VI broadcasting communication officials, Grade VII computer officials, Grade VII broadcasting communication officials, Grade VIII computer officials, Grade VIII broadcasting communication officials, Grade IX computer officials and Grade IX broadcasting communication officials who are nominated by the Prosecutor General or the chief prosecutor of any prosecutors' offices of all levels shall, with respect to cases accepted by the prosecutors' office or branch office to which they are assigned, conduct the duties referred to in the following subparagraphs: |
| 1. | Grade V computer officials, Grade V broadcasting communication officials, Grade VI computer officials, Grade VI broadcasting communication officials, Grade VII computer officials, Grade VII broadcasting communication officials: Duties of judicial police officer under Article 196 (1) of the Criminal Procedure Act; |
| 2. | Grade VIII computer officials, Grade VIII broadcasting communication officials, Grade IX computer officials and Grade IX broadcasting communication officials: Duties of assistant judicial police officer under Article 196 (2) of the Criminal Procedure Act. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 50 (Assignment of Positions to Officials of Prosecutors' Offices) |
| (1) | The assignment of positions to officials of prosecutors' offices shall be made by the Minister of Justice: Provided, That the same shall not apply to cases where this Act or other Acts specifically provide otherwise. |
| (2) | The Minister of Justice may delegate, in part, the authority under paragraph (1) to the Prosecutor General or the chief prosecutor of any prosecutors' offices of all levels. |
| (3) | No person falling under any of the following subparagraphs may be appointed as an official of prosecutors' offices: |
| 2. | A person sentenced to imprisonment without labor or heavier punishment. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 51 (Concurrent Office of Officials of Prosecutors' Offices) |
Any official of the Ministry of Justice may concurrently hold the office of official of prosecutors' office under this Act. In such cases, the latter part of Article 44 shall apply mutatis mutandis to his/her remuneration. [This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
| Article 52 (Quota of Officials of Prosecutors' Offices) |
The quota of officials of each prosecutors' office shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
CHAPTER VII DIRECTION AND SUPERVISION OVER JUDICIAL POLICE OFFICERS
| Article 53 Deleted. <by Act No. 10858, Jul. 18, 2011> |
| Article 54 (Request for Replacement of Judicial Police Officers) |
| (1) | Where a judicial police officer, other than the chiefs of police stations, whose class is the same as or below the superintendent, commits an unjust act in the execution of his/her duties, the chief prosecutor of the relevant district prosecutors' office may order the suspension of the investigation case concerned and request the appointing authority to replace such judicial police officer. |
| (2) | The appointing authority which receives a request under paragraph (1) shall replace any judicial police officer concerned, unless he/she has a justifiable ground to the contrary. |
[This Article Wholly Amended by Act No. 9815, Nov. 2, 2009]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) The deputy chief prosecutor and the administrative bureau of the branch office located in the Seoul Special Metropolitan City at the time this Act enters into force, shall be subject to the former provisions until Presidential Decree under this Act enters into force. |
ADDENDA <Act No. 4043, Dec. 31, 1988>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) The term of the Prosecutor General in active service at the time this Act enters into force shall be counted as the date of his/her appointment. |
| (3) | (Transitional Measures for Staff of Prosecutors' Office) Notwithstanding Article 45, public officials in extraordinary service and administrative and public health services who are transferred to search for narcotics, etc. from the Ministry of Health and Welfare to prosecutors' offices, shall engage in the affairs of the staff of the prosecutors' offices equivalent to the class of the officer concerned under Articles 46 and 47 from the date this Act enters into force, and may perform duties of judicial police officers. |
ADDENDUM <Act No. 4395, Nov. 22, 1991>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 4543, Mar. 10, 1993>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) Those who hold the office of a superior prosecutor or prosecutor at the time this Act enters into force, shall be considered to have been appointed as prosecutors under this Act. |
ADDENDUM <Act No. 4930, Jan. 5, 1995>
This Act shall enter into force on March 1, 1995.
ADDENDUM <Act No. 4946, Mar. 30, 1995>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 4961, Aug. 4, 1995>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 5263, Jan. 13, 1997>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 44-2 shall enter into force on September 1, 1997. |
ADDENDUM <Act No. 5430, Dec. 13, 1997>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6855, Feb. 4, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 7078, Jan. 20, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Examination of Prosecutor's Qualifications)
With regard to the prosecutor in his/her office at the time this Act enters into force, the examination of prosecutor's qualifications under the amended provisions of Article 39 shall be conducted from the first year in which the number of years the relevant prosecutor is in office arrives at a multiple of seven. Article 3 Omitted.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 8494, Jun. 1, 2007>
This Act shall enter into force on January 1, 2008.
ADDENDA <Act No. 8717, Dec. 21, 2007>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Appointment of Prosecutor of Supreme Prosecutors' Office in Charge of Inspection) The amended provisions of Article 28-2 through 28-4 shall apply, commencing from the first prosecutor appointed as a prosecutor of the Supreme Prosecutors' Office in charge of inspection after this Act enters into force. |
ADDENDUM <Act No. 9644, May 8, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 9815, Nov. 2, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10858, Jul. 18, 2011>
This Act shall enter into force on January 1, 2012: Provided, That the amended provisions of Article 53 shall enter into force on the date of its promulgation, and the amended provisions of Article 34-2 shall enter into force on September 1, 2011.
ADDENDA <Act No. 11153, Jan. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Traditional Measures concerning Reduced Period for Sick Leave and Extended Period for On-the-Job Illness or Injury Leave)
The previous provisions shall apply to a person who is on leave as authorized under Article 38 (2) 2 at the time this Act enters into force: Provided, That the amended provisions of subparagraph 3 of Article 38-2 shall apply to a person who has been on leave due to on-the-job illness or injury before this Act enters into force or who is on leave due to on-the-job illness or injury at the time this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 14582, Mar. 14, 2017>
This Act shall enter into force on the date of its promulgation.