The Prosecution Service / Brochure / 2016. 6.

The Prosecution Service Republic of Korea

Table of contents 02 A Message from the Prosecutor General 04 Our Mission

06 Organization

08 Departments of the Supreme Prosecutors' Office 12 Criminal Procedure

14 Korea Information System of Criminal Justice Services 15 Legal Service

16 International Cooperation 20 History 22 Q&As

24 Major Cases

26 Visitor Information

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| The Korean Prosecution Service |

| www.spo.go.kr |

| A Message from the Prosecutor General |

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A Message from the Prosecutor General The Korean Prosecution Service (the Service) is the leading law enforcement authority of criminal justice in the Republic of Korea. The Service maintains public safety, upholds law and order, and supports civil rights by directly conducting criminal investigations, supervising all Korean police forces and prosecuting criminals.

The Service has played a vital role in the growth and modernization of the Republic of Korea. It investigates a crime, and proves how it happened and who is responsible.

The Service then seeks the punishment that fits the crime against the responsible party in court. This pursuit of justice has secured the basic rights of the people, and the constitutional value and economic order, all of which laid a firm foundation for the country.

Among its many duties, the Service seeks to eradicate public corruption and organized crimes with the help of advanced technologies, such as digital forensics (based on the Republic of Korea's sophisticated information and communications technology or ICT) and the state-of-the-art narcotics control techniques. In addition, the Service is at the forefront of halting the spread of crimes in the international community by engaging in mutual legal assistance with other concerned nations.

The Service is now committed to assisting in the development of a modern criminal justice system for the international community by sharing its unique experiences and valuable resources. In that regard, your suggestion as to what the Service may do for the international community would be highly appreciated. Thank you.

June 2016

KIM, Soo Nam Prosecutor General, Republic of Korea

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| The Korean Prosecution Service |

Our Mission The Prosecution Service is the leading law enforcement authority in the Republic of Korea. Our mission is to maintain a rule of law, and provide a safe nation for the people. It is our duty to keep every individual and their loved ones safe and secure.

To this end, we investigate crimes, supervise law enforcement officers, initiate and prosecute criminal cases in court, and enforce court orders. We help build a free and democratic society based on principles of law.

Two logos represent the Service.

The first logo (upper left) symbolizes the mission and values of the Prosecution Service. An array of pillars resembling bamboo trees expresses the intention to stand upright and independent against all odds. The curve along the top and the middle column representing the bottom of a scale and a sword conveys balanced and impartial judgment. The five pillars each stand for justice, truth, human rights, impartiality and integrity while the color blue implies rationality.

criminal justice established by the prosecution service

social stability

caring community

pursuing dreams

happiness

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The second logo (lower left) symbolizes the importance of the Prosecution Service's mission. By safeguarding criminal justice, the Prosecution Service establishes a foundation for happiness and prosperity.

New prosecutors at the 2016 appointment ceremony

| Our Mission |

| www.spo.go.kr |

“I, hereby, pledge my honor to serve my great country and its people for as long as I am able.�

Oath of Prosecutors Today, in answer to the call from my country and its people, I have come to accept this honor and begin to serve as a prosecutor for the Republic of Korea.

As a representative of the public, it is my sworn duty to uphold the principles of justice and human rights, and to protect my neighbors and community from crime.

I swear to be: A courageous prosecutor who fights injustice without compromise A philanthropic prosecutor who struggles on behalf of those not able to defend themselves A fair prosecutor who seeks the truth An honest prosecutor who values personal integrity I, hereby, pledge my honor to serve my great country and its people for as long as I am able

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| The Korean Prosecution Service |

Organization The Prosecution Service is comprised of the Supreme Prosecutors’ Office, five (5) High Prosecutors’ Offices, eighteen (18) District Prosecutors’ Offices, and forty (40) branch offices. The Prosecutor General heads the entire organization of the Prosecution Service, and also supervises all of the SPO’s staff and operations.

Supreme Prosecutors’ Office (SPO) Located in Seoul, the capital of Korea, the SPO oversees all local prosecution offices. The Prosecutor General is in power to command all local prosecution offices, although day-today operations are the responsibilities of local supervisors.

High Prosecutors’ Office (HPO) The five (5) High Prosecutors’ Offices are located in Seoul, Daejon, Daegu, Busan and Gwangju, which are the regional centers of Korea. The HPOs are headed by Chief Prosecutors. Each HPO handles criminal appeals, and supports civil and administrative litigations to the central government.

District Prosecutors' Office (DPO) and its branch The District Prosecutors’ Offices are located in major cities of Korea, including Seoul, Euijeongbu, Incheon, Suwon, Chuncheon, Daejon, Cheongju, Daegu, Busan, Ulsan, Changwon, Gwangju, Jeonju and Jeju. Branch offices are established in smaller and remote locations. Each DPO is comprised of various divisions, including the Criminal Division, Special Investigations Division, Violent Crimes Division and Public Security Division. A prosecutor, investigators and administrative assistants constitute a typical investigations unit, and multiple investigations units form a division.

The Number of Staff (As of December 2015)

No.

Prosecutor

2,012

Investigator

5,647

Administrative Staff

2,156

Total

9,815

| www.spo.go.kr |

| Organization |

Organization of the Prosecutors’ Offices

Supreme Prosecutors' Office

Daejeon HPO

●Daejeon DPO

Seoul HPO

Hongseong, Gongju, Nonsan, Seosan, Cheonan

●Seoul Central DPO ●Seoul Eastern DPO ●Seoul Southern DPO ●Seoul Northern DPO ●Seoul Western DPO ●Uijeongbu DPO Goyang ●Incheon DPO Bucheon ●Suwon DPO

●Cheongju DPO Chungju, Jecheon, Yeongdong

Daegu HPO

●Daegu DPO Seobu, Andong, Gyeongju, Pohang, Gimcheon, Sangju, Uiseong, Yongdeok

Seongnam, Yeoju, Pyeongtaek, Ansan, Anyang

●Chuncheon DPO Gangneung, Wonju, Sokcho, Yeongwol

Busan HPO

●Busan DPO Dongbu

Gwangju HPO

●Ulsan DPO ●Changwon DPO

●Gwangju DPO Mokpo, Jangheung, Suncheon, Haenam

Masan, Jinju, Tongyeong, Miryang, Geochang

●Jeonju DPO Gunsan, Jeongeup, Namwon

●Jeju DPO

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The Supreme Prosecutors' Office, Seoul High Prosecutors' Office and Seoul Central District Prosecutors' Office (left to right)

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| The Korean Prosecution Service |

Departments of the SPO The SPO has specialized and well-established departments with different responsibilities. These departments work together under a common goal of maintaining a safe nation in order to help the people achieve their dreams of tomorrow. The SPO strives to lay a solid foundation to secure justice and peace to the entire nation.

Departments of the Supreme Prosecutors’ Office

Planning & Coordination Department

AntiCorruption Department

Criminal Department

Violent Crimes Department

Public Security Department

Criminal Trial & Civil Litigation Department

Forensic Science Investigation Department

Inspection Headquarters

> The Prosecutor General, in a meeting with the directors general of each department

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| www.spo.go.kr |

| Departments of the SPO |

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The sculpture (“Standing Eye�) in front of the SPO building promises that the Prosecution Service will always be vigilant in protecting human rights and upholding justice.

Planning & Coordination Department The Planning & Coordination Department plans main tasks of the Prosecution Service, establishes and conducts detailed performance plans and supports changing organizational culture. It also performs duties such as review of enactment, revision of laws, training, collection and analysis of various statistics.

Anti-Corruption Department The Anti-Corruption Department functions as a control tower in criminal investigations related to political corruption and white collar crimes. The Anti-Corruption Department also closely analyzes modern trends in political and corporate crimes to stay ahead of criminals in order to eradicate all structural and organized corruptions.

Criminal Department The Criminal Department resolves social conflicts arising from everyday life, such as finance, traffic, intellectual property rights, environment, public health and foreign crimes.

The Criminal Department also deals with the tasks to protect and support the victims of sexual, domestic and school violence. In addition, it is responsible for supervising the general investigative activities of law enforcement officers.

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| The Korean Prosecution Service |

Violent Crimes Department The Violent Crimes Department handles serious crimes, ranging from gang-related violence to the ones involving illegal drugs that pose a great threat to people’s lives and property. The Violent Crimes Department hosts meetings with other concerned countries around the world in order to strengthen global partnership to eradicate narcotics, and pushes ahead the project to root out illicit drugs in the ASEAN (the Association of Southeast Asian Nations) region and other countries with ODA (Official Development Assistance) budget. It is also playing a leading role in adopting and applying advanced investigation techniques to criminal investigations, such as a narcotics investigation information system and the Drug Signature Analysis technique.

Criminal Trial & Civil Litigation Department The Criminal Trial & Civil Litigation Department exercises the government’s authority to penalize criminals through criminal prosecution in court. The legal process in court includes presenting evidence, advocating legal arguments, and proposing appropriate sentences. The Criminal Trial & Civil Litigation Department is also in charge of carrying out sentences and providing criminal restitution to victims. In addition to criminal prosecution, it is responsible for state and administrative litigations as well as state compensation.

Inspection Headquarters

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In September 2010, the former Inspection Department was reformed into the Inspection Headquarters for a fairer and more transparent internal inspection system. The Director General of the Inspection Headquarters was recruited from outside of the Prosecution Service to ensure its independence. It consists of Inspection Division I that investigates and punishes irregularities of the employees and Inspection Division II that conducts internal audits over the organization's general activities and operations.

The time capsule holds a micro film with records amounting to 360,000 pages. The micro film contains records related to the Prosecution Service, major cases and the Court Organization Act, the first enacted modern law in the Joseon dynasty.

| www.spo.go.kr |

| Departments of the SPO |

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Forensic Science Investigation Department The Forensic Science Investigation Department assists investigation with fast and accurate analysis on criminal evidence and systemic response to digital forensic and cybercrimes. It aims to strengthen scientific investigation capabilities by introducing advanced forensic equipment, researching on analysis techniques, building a digital investigations network and training specialized investigators.

NDFC (National Digital & Forensic Center) The Prosecution Service established the National Digital Forensic Center in 2008 to fight increasingly sophisticated and intelligent crimes. It strengthened the scientific investigation system of the Prosecution Service by integrating all scientific investigation divisions, increasing specialized staff, expanding facilities and incorporating advanced investigational equipments.

The NDFC is making continuous efforts to discover the substantial truth with rapid and precise analysis on evidences from various crime scenes, research on developing scientific investigation techniques as well as digital evidence collections. Furthermore, it has built cooperative relations with 19 domestic and international organizations across the world and presented state-of-theart analysis techniques to various international forensic conferences such as the International Association for Identification (IAI) and International Association of Forensic Sciences (IAFS). These are only part of efforts of NDFC to set international standards as a global leader in forensic science investigation.

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| The Korean Prosecution Service |

Criminal Procedure The Prosecution Service stands firm as the ultimate defender of justice. We strive to protect and promote human rights of the people by ensuring strict and effective enforcement of the law through a fair and just criminal prosecution.

Investigation and Prosecution The Prosecution Service is responsible for all criminal prosecutions in Korea under the Code of Criminal Procedure. When a criminal activity is discovered, the police usually initiate an investigation under the supervision of prosecutors. Prosecutors instruct the police to carry out specific investigations and supervise them to ensure that legal precepts and fundamental human rights are respected in the process.

For more complex criminal matters, such as political corruption, election fraud, organized crimes and drug-related crimes, prosecutors directly initiate and conduct criminal investigations.

In theory, a criminal suspect can be arrested only with a warrant issued by a judge.

However, there are a few exceptions to this rule. For example, a person who is in the act of committing a crime or has just committed it can be arrested without a warrant. If a prosecutor desires to hold a suspect in custody, the prosecutor must request a warrant of detention to a judge within forty-eight (48) hours from the time of arrest. Prosecutors have the exclusive authority to request for the issuance of a warrant. The suspect in custody may request a preliminary hearing prior to further detention, and the suspect may be released when the court finds the arrest or detention to be illegal or unnecessary.

Upon conclusion of criminal investigations, prosecutors have the discretion whether or not to commence a criminal proceeding against the suspect. Prosecutors may decide not to prosecute when they find that the alleged acts do not constitute a crime or that there is no sufficient evidence enough to prove the crime. They can even suspend the prosecution, and pursue alternative measures in light of the suspect’s age, motive, or other surrounding circumstances.

Summary Indictment A prosecutor may commence a criminal case in court by summary indictment when the offense is punishable by fine only. In such a case, a judge issues a summary order without holding a hearing. A defendant disagreeing with the judge’s order may request a formal trial within seven (7) days from receipt of the summary order.

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| www.spo.go.kr |

| Criminal Procedure |

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The Prosecution Service has been encouraging the usage of interview rooms with videotaping facilities in order to ensure a fair and clear investigation process. Child-friendly interview rooms also help young victims feel less nervous during the interview.

Trial

A prosecutor, as a representative of the government, presents evidence in court, questions the defendant, examines witnesses and performs other relevant duties in order to prove that a criminal defendant is guilty of the charged crime. When the defendant is found guilty, the court may sentence the convicted criminal. A range of punishments includes the death penalty, imprisonment and fine. While sentencing is a decision for the court to render, prosecutors offer assistance to the court by recommending appropriate sentencing options.

Citizens’ Participation in Criminal Trials Beginning January 1, 2008, a new criminal trial procedure has been introduced in Korea where lay citizens are permitted to participate in criminal trials as jurors. Upon request of a defendant, a jury of five 〔5〕 to nine 〔9〕 citizens may provide an advisory opinion to the court in a felony trial. Jurors are required to render a verdict, and express their opinion on sentencing. However the jury’s verdict and opinion on sentencing do not bind the court.

Criminal Appeal and Execution of Sentence Both the prosecutor and the defendant have the right to appeal to an appellate court to contest the trial court’s judgment of conviction and sentence. Prosecutors also play an important role in the execution of sentences as they oversee the legality of incarceration and the living conditions of prisoners.

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| The Korean Prosecution Service |

Korea Information System of Criminal Justice Services Korea Information System of Criminal Justice Services (“KICS”) is a standardized information system that allows justice agencies – the National Police, the Prosecution Service, the Court and the Ministry of Justice – to share information throughout the criminal process. The purpose of KICS is to achieve promptness, fairness and transparency by digitalizing the criminal process.

While justice agencies operate their respective information system, each system is closely linked to KICS. When information is submitted into KICS, it is immediately shared among other justice agencies. This accelerates the criminal process while assuring accurate distribution of information.

Over 400 types of information are shared through KICS, and the system enables individuals to access the current status of their criminal cases on the internet using personal computers or mobile devices. The KICS Portal offers over 70 types of services including inquiries regarding notices, written judgments, unpaid fines and penalties.

Individuals are no longer required to reach out to separate justice agencies and, thus, enjoy a “one-stop” service through KICS. KICS also supports electronic summary orders in the violation of traffic act such as driving under the influence (DUI). When the defendant agrees to electronic summary orders, the whole criminal process – investigation, prosecution, trial, sentencing and fine payment – is electronically processed without any paper records. Electronic summary orders have shortened the criminal process, on average, from forty-seven (47) days to twenty-eight (28) days.

KICS structure overview Police System

KICS

Court System

KICS Joint Components

Prosecution Service System

Ministry of Justice System

| www.spo.go.kr |

| Korea Information System of Criminal Justice Services & Legal Service |

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Legal Service The Prosecution Service is at the forefront of creating a society where the rights and interests of citizens as well as their safety and security are guaranteed. We provide victim support service, criminal mediation service and digitalized information service to help people claim their rights and interests in more efficient ways.

Victim Support Service After launching the first regional office of the Korean Criminal Victim Center in 2003, Prosecution Service established fifty-eight (58) centers nationwide under the goal of providing counsel, medical treatment and legal assistance to criminal victims. Furthermore, the government backs attorneys for the victims of sexual violence to support them to better speak out their rights.

Criminal Mediation The Criminal Mediation Committee offers mediation between the offender and victim in cases where criminal punishment is not the most favorable means in achieving criminal justice.

When the offender and victim reach an agreement on criminal mediation, the prosecutor and the court will take such agreement into account when finalizing criminal penalties.

Digitalized Information Service KICS Portal (www.kics.go.kr) and KICS mobile application provide 24/7/365 services.

People can access KICS portal at anywhere and anytime and inquire the progression of their case proceedings whenever they want. Digitalized information service includes online petition receipt/processing and fine/penalty execution. Rapid case proceeding has enabled people to return to their normal life in a short time.

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| The Korean Prosecution Service |

International Cooperation Globalization noticeably affects the nature of transnational crimes, and without international cooperation, no single nation has the means to fully deal with such crimes. The Prosecution Service has entered into partnerships with law enforcement agencies around the world to strengthen international cooperation.

International Cooperation Center The International Cooperation Center within the Supreme Prosecutors’ Office serves as the center for coordinating informal cooperation with other nations’ law enforcement agencies.

Prompt information sharing and close cooperation between law enforcement agencies play an important role in combating transnational crimes. The Prosecution Service has signed MOUs on Cooperation with twenty-two (22) countries.

In addition, the Republic of Korea, through the Ministry of Justice, has signed Mutual Legal Assistance Treaties with seventy-four (74) countries, Extradition Treaties with seventy-eight (78) countries, and Prisoner Transfer Treaties with seventy (70) countries.

We hope to build more effective and constructive relationships with all willing and concerned law enforcement agencies around the world.

Mutual Legal Assistance Treaties

Extradition Treaties

Prisoner Transfer Treaties

MOUs

Asia/ Pacific

Australia, China, India, Indonesia, Japan, Malaysia, Mongolia, Thailand, New Zealand, Philippines, Vietnam

Australia, Cambodia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Thailand, New Zealand, Philippines, Vietnam

China, Hong Kong, India, Mongolia, Thailand, Vietnam

Australia, China, Mongolia, Vietnam, Thailand, Indonesia, Philippines

Africa/ Middle East

Algeria, Kuwait, South Africa, United Arab Emirates

Algeria, Kuwait, South Africa, United Arab Emirates

Kuwait

Dubai, Egypt, Saudi Arabia

South, North America

Argentina, Brazil, Canada, Mexico, Peru, United States

Argentina, Brazil, Canada, Costa Rica, Chile, Guatemala, Mexico, Peru, Paraguay, United States

Europe/ Central Asia

Belgium, Bulgaria, Council of Europe, France, Kazakhstan, Russia, Spain, Uzbekistan

Bulgaria, Council of Europe, France, Kazakhstan, Spain, Uzbekistan

Etc.

Mexico, Columbia, United States

Council of Europe

Kazakhstan, Netherlands, Russia, Spain, Ukraine, Uzbekistan, Croatia, Moldova, Turkey World Bank

※ “Council of Europe” in the above table means that Korea has joined the European Convention on Extradition, Mutual Assistance in Criminal Matters, and the Transfer of Sentenced Persons of the Council of Europe as a nonmember country.

| International Cooperation |

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| www.spo.go.kr |

The Prosecutor General, signing a MOU on March, 2016 with the Egyptian Attorney General to facilitate cooperation in fighting transnational crimes.

Contributions to International Communities The Prosecution Service plays an active role in the international community of law enforcement agencies. For instance, Korean prosecutors have participated as executive members in the International Association of Prosecutors (IAP), and hosted international conferences, including the 11th and 16th IAP Annual Conferences in 2004 and 2011, respectively, and the 4th World Summit of Prosecutors General, Attorneys General and Chief Prosecutors in 2011, in the Republic of Korea.

Korean prosecutors also work at numerous international organizations, such as United Nations Office on Drugs and Crime (UNODC), United Nations Commission on International Trade Law (UNCITRAL) and World Bank, and positively contribute their experience and expertise to the international community.

Mutual Exchange of Human Resources The Prosecution Service dispatches 80 prosecutors every year to different institutions in other countries with the purpose of creating a global network of human resources. Also, we invite legal experts from abroad through the Prosecutor Exchange Program and share the differences between our criminal systems. Our efforts have enabled us to forge a solid ground for cooperation between prosecutors worldwide.

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| The Korean Prosecution Service |

International Networks ARIN-AP (Asset Recovery Interagency Network - Asia Pacific) ARIN-AP is an informal network of experts and legal practitioners in the field of asset tracing, freezing and confiscation. With a goal of establishing a network similar to the Camden Assets Recovery Interagency Network (CARIN), the Supreme Prosecutors’ Office officially launched ARIN-AP in November 2013 in Seoul, Korea.

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Law enforcement agencies from sixteen (16) countries and six (6) international organizations, including CARIN, UNODC and the World Bank, have joined ARIN-AP so far. The SPO is the current Secretariat of ARIN-AP, and remains an active member of the organization.

The Annual Conference and General Meeting of ARIN-AP was held in Australia in 2015.

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| www.spo.go.kr |

| International Cooperation |

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The 25th ADLOMICO was held in Jeju, Korea in 2015.

ADLOMICO (Anti-Drug Liaison Officials’ Meeting for International Cooperation) In 1989, the Narcotics Division of the Supreme Prosecutors’ Office invited foreign experts in the field of illegal drug control and organized ADLOMICO to gain international cooperation to address domestic drug-related crimes. Since its creation, ADLOMICO has expanded its membership to twenty-one (21) countries (including the U.S., China and Russia) and four (4) international organizations (including UNODC and Interpol). During the annual conference, participants enjoy the opportunity to exchange information on illegal drugs and explore new ways to better control the flow of illegal drugs.

APICC (Asia-Pacific Information & Cooperation Center for Combating Drug Crimes)

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In 2009, the Prosecution Service first proposed to create an international cooperation group on narcotics investigations. In September 2012, the Supreme Prosecutors’ Office launched APICC by signing MOUs with nine (9) ASEAN countries (the Philippines, Indonesia, Cambodia, Laos, Vietnam, Thailand, Brunei, Singapore and Myanmar). APICC enables its member countries to share information regarding drug-related crimes, facilitates international cooperation, and implements international narcotics eradication programs.

APPICC launched Anti-Narcotics Cooperation Project in Tajikistan in 2015.

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| The Korean Prosecution Service |

History 1948

1973

The prosecution system of today was established through the promulgation of the Prosecutors’ Office Act (Law No. 213). The first Prosecutor General Kwon Sung-yeol was inaugurated.

The Administration Bureau, Prosecution Services Department, Public Security Department, and Trial and Litigation Department were newly founded at the Supreme Prosecutors’ Office. The Investigation Bureau was reorganized as the Special Investigation Department.

1949

Since the Republic of Korea was founded in August 15th 1948, the founding National Assembly enacted the first framework act of the prosecutors’ organization, the Prosecutors’ Office Act (Law No.81) as the fundamental law of the prosecutors’ organization.

1978

The Psychological Analysis Room was established at the Supreme Prosecutors’ Office for the operation of scientific investigation techniques such as polygraph testing.

1953

Human Rights Counseling Centers were established at District Prosecutors’ Offices nationwide following the promulgation of the Criminal Act.

1954

The Criminal Procedure Act was promulgated.

1958

The Criminal Compensation Act was promulgated.

̓40 1948

Established the Korean Government

̓50 1950

Korean War Broke Out

̓60

1980

̓70

The Civil Service Office was established at the Prosecutors’ Office.

1982

Application of civil petitions via mail and telephone service was initiated.

The first two (2) female prosecutors were assigned to the Seoul District Prosecutors’ Office.

1986

1961

The Document Examination Room was established at the Supreme Prosecutors’ Office (SPO).

Central Investigation Bureau was established at the Supreme Prosecutors’ Office (SPO).

1988

1965

The Crime Victim Relief System was established.

The Special Smuggling Joint Investigation Department was formed by representatives from the prosecution, customs, police, and military criminal investigation agencies.

This department had been active until the Customs Administration Service was established in 1970.

1960

Exports Exceeded $10,000

1962

Embarked on Economic Development

̓80

1989

The Joint Investigation Headquarters for Public Welfare Contravention and Narcotics Department was newly founded at the Supreme Prosecutors’ Office. The Voice Analysis Room and Forensic Photography Room were also established.

1977

Exports Exceeded $10B

1986

Hosted Asian Games

1988

Hosted Olympic Games

| www.spo.go.kr |

| History |

21C

2009

2000

A Joint Investigation Team for Military Service Corruption was established at the Seoul District Prosecutors’ Western Branch Office. Digital Forensics Division was newly founded at the SPO, and Computer Investigation Department was established at the Seoul District Prosecutors’ Office. The Administrative Information Service via the internet was initiated. A genetic identification technique received patent for the first time in Korea.

̓90

2001

1991

The Headquarters for the Special Investigation of Corruption Amongst Public Officials and Community Elites was established at the Supreme Prosecutors’ Office. The Forensic Science Guidance Division, Environmental Crime Division, Genetic Identification Division, and Narcotics Identification Division were established at the SPO.

1993

The 21st Century Research and Planning Group was established at the SPO, as a means of facilitating further research on the long-term development strategy of the prosecution service.

The Civil Petition Prosecution System was expanded throughout the six District Prosecutors’ Offices in Korea.

1994

The Committee for Information Computerization of the Prosecution Service was established at the SPO.

1995

The SPO relocated from Seosomun-dong (in Seoul) to the current location in Seocho-dong (also in Seoul).

1998

The Prosecution Service Time Capsule was installed.

The Forensic Science Guidance Division and the Forensic Science Operation Division were integrated into the Forensic Science Division.

1991

Joined the UN

1996

Joined the OECD

ePROS, the electronic knowledge management system of the Prosecution Service, was installed throughout the nationwide prosecutors' offices. A Special Investigation Support Division was established at the Supreme Prosecutors’ Office in order to aid the prosecution service’s special investigation operations in specialized fields such as taxation, finance, and securities.

1997

Received IMF-led Bailout

2011

2012

2003

APICC (Asia-Pacific Information Coordination Center for combating Drug Crimes) secretariat was established at the SPO to strengthen capacity of controlling international drug syndicates by taking a primary role in international cooperation and sharing information of illegal drug trafficking.

The Drug Signature Analysis Center initiated operations at the Supreme Prosecutors’ Office.

The Office of Forensic Science Planning and HighTechnology Crime Investigation Division was newly founded as a provision for the twenty-first century's era of science, information and technology.

The development of Korea's first genetic identification technique was achieved.

Anyang Branch Prosecutors' Office, the 63th Prosecutors' office, was launched in Suwon District Prosecutors' Office. The Public Security Division 3 was established at the Public Security Department of SPO to reinforce the capability for public peace. Prosecution Service Experience Hall was also established at the SPO.

Masan Branch Prosecutors' Office, the 64th Prosecutors' office, was launched in Changwon District Prosecutors' Office. The Cybercrime Investigation Center was launched at the SPO to cope with various emerging cybercrimes.

2005

1992

2013

2006

The Task Force on Money Laundering Investigation and Asset Forfeiture was established at the SPO to retrieve illegal proceeds from crimes.

2007

In order to provide systematic support to the Technology Espionage Investigation Center, the SPO founded the Technology Espionage Investigation Support Center. The Liaison Office in Cambodia (LOICOG) was established, as was an office for international anti-drug cooperation in the "Golden Triangle" region in Laos.

2008

Central Investigation Department (CID) of the SPO was renamed to Anti-Corruption Department and transferred its direct investigation function to local Prosecutors’ Office. ARIN-AP (Asset Recovery Inter-Agency Network of Asia/ Pacific) was established at the Supreme Prosecutors’ Office.

2015

Forensic Science Investigation Department was established at the SPO.

The Crime Victim Rights Division was established to protect criminal victims, and the International Cooperation Center was newly established to support international cooperation operations at the SPO. A second Liaison Office in Cambodia (LOICOG) was established at the Vietnam/ Cambodia border in the area of the “Golden Triangle.”

2002

Co-hosted the FIFA World Cup

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2010

Hosted the G20 Economic Summit

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| The Korean Prosecution Service |

Q & As

Q A

When were the terms ‘Court’ and ‘Prosecutor’ first used in Korea?

Uigeumbu, the Special Justice Agency of the Joseon Dynasty, was renamed as Uigeumsa in 1894, and thereafter became the Court of Justice established under the Ministry of Justice. The following year, the Constitution of the Court (Law No. 1) was promulgated to introduce a modern justice system in Korea, and the term “prosecutor” was used for the first time. The justice service was divided into judges (dedicated to conducting trial proceedings) and prosecutors (dedicated to criminal investigation and prosecution).

Q What were the achievements of the first Prosecutor General?

A Kwon Sung-yeol was the first Prosecutor General of the

Republic of Korea. He served from October 31, 1948 to June 5, 1949. It is well-known that he protected the prosecutors’ independence in defiance of the contemporary regime. Kwon’s chief achievements include the promulgation of the State Security Act and the Nationality Act, the introduction of an examination for deputy prosecutors, and the investigation of the leftist Minaecheong conspiracy to assassinate political elites.

Q A

Kwon Sung-yeol First Prosecutor General

Who was the first prosecutor?

Lee Jong-jik, An Yeong-su, and Kim Ki-yong were the first Korean prosecutors, appointed in simultaneity of the enactment of the Constitution of the Court on April 25, 1895. On May 13, 1895, a special court sentenced Lee Jun-yong (grandson of prince regent Lee Heung-seon, better known as Daewongun) for conspiracy to murder, in the presence of An Yeong-su and Kim Ki-yong.

Justice Systems of Korea before Modern Times Gojoseon (or Old Joseon) (2333 B.C. - 108 B.C.) Three articles

crime was immediately punished according to the decision by the

remain today from this period's Law of Eight Articles. One who

cabinet, which consisted of tribal heads, whilst the guilty party’s

committed murder was immediately sentenced to death, while

wife and children were enslaved. A traitor was put to death and his

one who caused injury to another was forced to pay compensation

property was subject to confiscation.

in grain. As well, one accused of stealing from another was made the slave of his victim, and had to pay 500,000 Jeon (the Korean

Baekje (18 B.C. - 660) Baekje had a central judicial body called

currency during this era) to demonstrate penance for his crime.

Jojeongjwapyeong, and King Go-e promulgated the Code of Laws in year 260. Major crimes included treason, murder, adultery,

Buyeo (2nd century B.C. - 494) Some legal articles during this

theft, and bribery, which were punishable by execution or

period were similar to those of Gojoseon. An interesting article was

imprisonment. The family members of the criminals were also

that women who committed adultery were put to death, as were

held responsible for such crimes.

wives who showed strong jealousy. Their remains were deserted in the southern mountains that later became a part of Seoul.

Silla (57 B.C. - 935) Silla also had a central judicial organization, called Jwauibangbu, and the Code of Laws was introduced

Goguryeo (37 B.C. - 668) King Sosurim promulgated the Code

by the King Beopheung in year 520. Crimes such as treason,

of Laws in year 373. The law stated that one who committed a

conspiracy, “misleading the public with wicked words”, absence

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1960s

Today

| Q & As |

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Q A

What were the major changes in investigation documentation?

By the 1960s, the vertical line writing format was replaced by the horizontal line writing format for various depositions, suspect interrogation reports, arrest warrants, and prosecution or non-prosecution notices. Chinese characters on various documents were replaced by Korean characters as well. In the 1970s, typewriters were adopted for drafting official documents and word-processors were introduced to replace typewriters in the 1980s.

Q A

What have been the major historical changes with dress regulations?

During the Daehan Empire era, prosecutors wore a black robe with narrow sleeves and round orange collar, and a black cap similar to those worn by bridegrooms at wedding ceremonies. A red belt and long boots made of black deer skin were part of the uniform. During the Japanese occupation, prosecutors were required to wear their uniform and a sword while on duty. Later on, prosecutors wore jackets branded with paulownia flowers and tendril patterns and black caps with cloud patterns, similar to the robes of Japanese prosecutors. Prosecutors participated in court proceedings wearing ordinary civilian clothing for some time following the foundation of the sovereign government of the Republic of Korea. By 1953, the government had adopted an official court uniform system. Simplified court attire was designed in reference to the judge’s robes of the United States.

Q What

was the structure of the Prosecution Service when the sovereign government of the Republic of Korea was established in August 15, 1948?

A

here were total of forty-six (46) prosecutors' offices nationwide. including two T (2) high prosecutors' offices in Seoul and Daegu, nine (9) district prosecutors' offices, and thirty-four (34) branch offices.

from military post without leave, and “breach of faith for personal

Prohibition”). There were local agencies such as the Gwanchalsa

gain” were punished with execution. Some punishment methods

(“Office of the Inspector”) and Suryeong (“Office of the Governor”)

involved capital punishment by use of wheelbarrows, beheading,

as well. The central government often dispatched secret inspectors

condemnatory suicide, poison, banishment, flogging, and so forth.

to the provinces. Joseon also had a number of codes of law including the Daemyeongnyul (the Grand Ming Code), Gyeongje

Goryeo (918 - 1392) Social order during this period was maintained

yukjeon (Six Codes of Administration), Sok-yukjeon (Amended Six

through seventy-one (71) articles of law. The central judicial

Codes), Gyeonggukdaejeon (Complete Code of Laws), Complete

organizations were the Hyeongbu (“Ministry of Justice”), Saheonbu

Code of Laws (Supplement to the National Code), and Daejeon

(“Office of the Inspector-General”) and Sungun Manhobu

hoetong (Comprehensive Collection of National Codes).

(“Department of Police and Public Safety”). Criminals were punished with flogging, penal servitude, banishment, and capital punishment.

After Joseon The Kabo Reform of 1894 brought an end to the Hyeongjo, Joseon’s official ministry of justice, and launched the

Joseon (1392 - 1910) The Joseon dynasty had a number of central

Beommu Amun (“Ministry of Legal Affairs”). In 1909, however, the

judicial organizations such as the Hanseongbu (“Office of the

Joseon dynasty was compelled to sign a treaty entrusting its judicial

Capital”), Hyeongjo (“Ministry of Justice”), Saheonbu (“Office of the

systems to the Japanese government, thus commencing the dark

Inspector-general”), and Uigeumbu (“Office of Righteousness and

era of Japanese colonial rule that had continued until 1945.

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| The Korean Prosecution Service |

Major Cases

2015

· National

procurement corruption case · Embezzlement case by the president of Donkuk Steel Coporation · Corruption case involving small loan finance backed by the government · Fraud case involving bankruptcy and workout of Shinwon Corporation

2014

· Financial

fraud case involving Dongyang Securities corruption case involving navy chief · Sunken ferry Sewol accident killing more than 300 people · Military

2013

· Secured

unpaid fines from former President Chun Doo-hwan · Corruption cases involving heads of conglomerates (SK, Hanwha, CJ, LIG, etc.) · Corruption cases on nuclear power plant contract · Armed revolt plot case involving Rep. Lee Seok-ki of the Unified Progressive Party

2012

· Bribery

case of a lawmaker who is the brother of the President · Bribery case of the president of Korea Communication Commission · Technology leakage case from Samsung and LG · Fraud case involving LIG on issuance of CPs

2011

· Embezzlement

2010

· Embezzlement

case by the president of Taekwang Group · Massive accounting fraud and embezzlement case by the representative of a KOSDAQ listed corporation · Embezzlement case involving president of a major private education institute · Bribery and embezzlement case of former Seongnam mayor

2009 · Tax

evasion, bribery and illegal lobbying by the president of TK Group · Yongsan fire case in the process of resident evicting for redevelopment · Slush fund scandal & lobbying case by Daehan Logistics

2008

· Bribery

case involving illicit sale of Sejong Securities Co. and Huchems Fine Chemical Corp. · Corruption case involving Public enterprise and embezzlement of Government subsidies · Bribery Scandal involving telecom giant KT and its affiliate KTF · Prime Group embezzlement case · Bribery case involving program directors / producers of broadcasting stations · Case involving stock manipulation & embezzlement by heirs to conglomerates

2007

· Optional

case by the president of Hanwha

Corporation manipulation case by CNK International · Case of lending massive non-performance loans by representative and large shareholder of a major savings bank · Match fixing case involving professional soccer players · Stock

2015

Ventures Korea, Inc. stock manipulation case · Bribery scandal involving Byun Yang-kyoon, former senior presidential secretary for policy planning, and Shin Jeong-ah · Bribery cases of the former Commissioner of the National Tax Service and the former Presidential secretary · Military duty evasion case

| www.spo.go.kr |

| Major Cases |

25

Prosecutors have made great strides in recent years in terms of furthering their quest to uphold justice throughout the country. The following cases investigated by prosecutors provide a clear view of their mission.

· Embezzlement

of compensation for state land

redemption · Lubo and UCICOLS stock price manipulation case

2006

E&C hush money case funds embezzlement by contractors in Typhoon Lusa recovery projects · Case of tech leakage regarding A/V and navigation system for vehicles · Pro-North Korea scholar Song Du-yul case · Government

· Nonghyup · Hwang

irregular land sale case Woo-suk’s stem cell article manipulation

· Daewoo

case · Irregular

acquisition of Korea Exchange Bank by Lone Star Funds · Hyundai Motor Group embezzlement case · JU Group fraud scandal · Espionage Ring ‘Ilshimhoe’ case

2005

· Corruption

case of an executive of the Federation of Korean Trade Unions · Daewoo Group fraud case · Violation of the National Security Act by Professor Kang Jeong-koo · Illegal wiretapping by the National Intelligence Service

2004

· Criminal

cases involving the 17th general election campaigns · Donation tax evasion case by the second son of the former president Chun Doo-hwan · Politician bribery scandal related to Hyundai’s slush fund · Bribery scandal of the former head of the Seoul Regional Tax Office · Illegal strike case of the Korean Government Employees’ Union

2003

· lllegal

presidential campaign funds case illegal funds case · SK Group accounting fraud case · Official fund irregularities case · Good Morning City Arcade irregular sale case · Hyundai

2002

· Saehan

Group loan fraud case involving selection of sports lottery operators · Pass 21 Ltd. stock lobby case · Entertainers irregularity case · Overseas illegal gambling case · Miari Texas gang leader case · Large information fee swindling case using mobile phone spam messaging · Corruption case on favored sale of Bundang Parkview Apartment houses · Corruption among journalists and public servants · Illegal campaign crimes in the 3rd nationwide local elections · Illegal strikes by Power Industry Workers and Public Health Workers Unions · Irregularities

2001

· Daewoo

Group accounting fraud case selection of PCS operators · Concentrated control over misappropriated government and public funds · Murder of Kim Ok-bun (a.k.a. Susie Kim) · Corruption involving selection of athletically talented students · Smuggling of 91 kilograms of methamphetamines · Crackdown on the largest illegal reproduction facility for pirated compact discs · Violation of the National Security Act on August 15

by North Korea Visit Group · Labor strike led by Dan Byung-ho, Chairman of Federation of Democratic Labor Unions · Illegal strike and violent demonstration by Daewoo Motors’ workers · Illegal

26

| The Korean Prosecution Service |

Visitor Information

Supreme Prosecutors’ Office The Supreme Prosecutors' Office is located in Seocho-dong, Seoul, moving from Seosomun in August 1995. The current location consists of a main building with 15 floors above ground, three levels underground, an annex building with four floors, and the National Digital Forensics Center. The main building is occupied by Supreme Prosecutors’ Office departments and divisions, and the annex building is used for various welfare facilities. The grand auditorium (with a holding capacity of 500 people) is used for major events.

Prosecution History Museum The complete history of the Korean Prosecution Service can be viewed in the Prosecution History Museum with materials containing information on traditional and current judicial systems of Korea. Prosecutors' robes, appointment letters, and identification card formats used in different historical periods are available for public viewing.

Prosecution Discovery Zone Experience Hall of the Korean Prosecution Service, which opened in May 2009, is fully furnished with experience-oriented contents to let visitors easily understand the responsibilities and functions of the Korean Prosecution Service.

Contact Us Phone 82-2-3480-2337 E-mail koreapros@spo.go.kr Address 157, Banpo-daero, Seocho-gu, Seoul, Korea (Postal code 06590) Homepage www.spo.go.kr

The Prosecution Service Republic of Korea

157, Banpo-daero, Seocho-gu, Seoul, Korea Tel_82-2-3480-2337 www.spo.go.kr