ACT ON THE APPOINTMENT OF INDEPENDENT PROSECUTOR

Article 1(Purpose) #

The purpose of this Act is to prescribe matters necessary for the appointment and duties, etc. of a special prosecutor who has an independent status within the scope of a specific case in the investigation of crimes, institution of public prosecutions, etc.

Article 2(Cases subject to investigation by special prosecutor) #

(1) Cases subject to investigation by a special prosecutor shall be as follows:

1. A case resolved by the plenary session of the National Assembly as requiring the investigation of a special prosecutor for reasons of political neutrality, impartiality, etc.;

2. A case determined by the Minister of Justice as requiring the investigation of a special prosecutor due to a conflict of interest, partiality, etc.

(2) In cases falling under paragraph (1) 2, the Minister of Justice shall hear the opinion of the Prosecutor General.

Article 3(Procedure for appointment of special prosecutors) #

(1) Where any investigation is determined to be conducted by a special prosecutor under Article 2, the President shall request without delay the Special Prosecutor Recommendation Committee organized under Article 4, to recommend two candidates for special prosecutor.

(2) Within five days from the date of receipt of a request under paragraph (1), the Special Prosecutor Recommendation Committee shall, after obtaining the consent of a majority of all its incumbent members, recommend in writing two candidates to the President, from among lawyers who have served in positions prescribed in Article 42 (1) 1 of the Court Organization Act for not less than 15 years.

(3) The President shall appoint one special prosecutor from among recommended candidates within three years from the date of receipt of a recommendation under paragraph (2).