PROSECUTORS’ OFFICE ACT

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

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 on 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 on Nov. 2, 2009]

Article 3(Establishment and 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 prescribed by Presidential Decree.

(4) The 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 on Nov. 2, 2009]

Article 4(Duties of Prosecutors) #

(1) Each prosecutor shall have the following duties and authority as a representative of public interests: <Amended on Feb. 4, 2020; May 9, 2022>

PROSECUTORS’ OFFICE ACT

Article 1(Purpose) #

Article 2(Prosecutors' Offices) #

Article 3(Establishment and Jurisdictions of Prosecutors' Offices) #

Article 4(Duties of Prosecutors) #

Article 5(Jurisdiction where Prosecutors Conduct their Duties) #

Article 6(Classes of Prosecutors) #

Article 7(Direction and Supervision of Prosecutorial Affairs) #

Article 7-2(Delegation, Transfer, and Succession of Prosecutor's Duties) #

Article 8(Direction and Supervision of Minister of Justice) #

Article 9(Mutual Assistance in Execution of Duties) #

Article 10(Appeals and Re-appeals) #

Article 11(Delegation Provisions) #

Article 12(Prosecutor General) #

Article 13(Deputy Prosecutor General) #

Article 14(Prosecutors of Supreme Prosecutors' Office) #

Article 15(Prosecution Research Officers) #

Article 16(Organization of Offices) #

Article 17(Chief Prosecutors of High Prosecutors' Offices) #

Article 18(Deputy Chief Prosecutors of High Prosecutors' Offices) #

Article 18-2(Departmental Chief Prosecutors of High Prosecutors' Offices) #

Article 19(Prosecutors of High Prosecutors' Offices) #

Article 20(Organization of Offices) #

Article 21(Chief Prosecutors of District Prosecutors' Offices) #

Article 22(Branch Chiefs) #

Article 23(Deputy Chief Prosecutors of District Prosecutors' Offices and of Branch Offices) #

Article 24(Departmental Chief Prosecutors) #

Article 25(Prosecutors of District Prosecutors' Offices and Branch Offices) #

Article 26(Organization of Offices) #

Article 27(Qualifications for Prosecutor Generals) #

Article 28(Criteria for Appointment of Prosecutors of Class above Prosecutor of Supreme Prosecutors' Office) #

Article 28-2(Special Cases for Appointment of Prosecutor of Supreme Prosecutors' Office in Charge of Inspection) #

Article 28-3(Change of Position of Prosecutor of Supreme Prosecutors' Office in Charge of Inspection) #

Article 28-4(Retirement of Prosecutor of Supreme Prosecutors' Office in Charge of Inspection) #

Article 29(Qualifications for Prosecutors) #

Article 30(Appointment of Prosecutors of High Prosecutors' Offices) #

Article 31(Aggregating Years of Service) #

Article 32(Judicial Trainee Acting on Behalf of Prosecutor) #

Article 33(Grounds for Disqualification) #

Article 34(Appointment of Prosecutors and Assignment of Positions to Prosecutors) #

Article 34-2(Committee for Recommendation of Prosecutor General Candidates) #

Article 35(Prosecutor Personnel Committee) #

Article 35-2(Evaluations of Work Performance) #

Article 36(Quota, Remuneration and Disciplinary Action) #

Article 37(Guarantee of Status) #

Article 38(Leave of Absence) #

Article 38-2(Period of Leave of Absence) #

Article 39(Examination of Qualifications for Prosecutors) #

Article 39-2(Retirement Due to Mental and Physical Disability) #

Article 40(Honorable Retirement) #

Article 41(Retirement Age) #

Article 42 #

Article 43(Prohibition of Political Activities) #

Article 44(Concurrent Office of Prosecutors) #

Article 44-2(Prohibition of Dispatch of Prosecutors) #

Article 45(Officials of Prosecutors' Offices) #

Article 46(Duties of Grade IV Prosecution Investigation Officials) #

Article 47(Conduct of Duties as Judicial Police Officers) #

Article 48(Secretarial Officer of Prosecutor General) #

Article 49(Interpretation and Technical Officials) #

Article 50(Assignment of Positions to Officials of Prosecutors' Offices) #

Article 51(Concurrent Office of Officials of Prosecutors' Offices) #

Article 52(Quota of Officials of Prosecutors' Offices) #

Article 53 #

Article 54(Request for Replacement of Judicial Police Officers) #