PUBLIC PROSECUTION SERVICE ACT

Article 1(Purpose) #

The purpose of this Act is to prescribe matters necessary for the operation of the Supreme Prosecutors’ Office, including its organization, scope of duties, personnel, and other matters.

Article 2(Supreme Prosecutors’ Office) #

The Supreme Prosecutors’ Office, High Prosecutors’ Offices, and District Prosecutors’ Offices shall be established in order to conduct prosecutorial affairs.

Article 3(Establishment and jurisdictions of Supreme Prosecutors’ Office) #

(1) The Supreme Prosecutors’ Office, High Prosecutors’ Offices, and District Prosecutors’ Offices shall be established corresponding to the Supreme Court, High Courts, and District Courts and Family Courts, respectively.

(2) In an area where a branch court of a District Court is established, a branch office of the corresponding District Prosecutors’ Office (hereinafter referred to as a "branch office") may be established.

(3) The location of the Supreme Prosecutors’ Office, and the names and locations of the High Prosecutors’ Offices, the District Prosecutors’ Offices (hereinafter referred to as the "public prosecution offices at each level"), and the branch offices shall be prescribed by Presidential Decree.

(4) The jurisdictions of public prosecution offices at each level and the branch offices shall correspond to the jurisdictions of the courts at each level and the branch courts of the District Courts.

Article 4(Duties of prosecutors) #

As representatives of the public interest, prosecutors shall perform the duties prescribed in the following subparagraphs and shall have the authority necessary to perform such duties:

1. Matters necessary for determining whether to institute a public prosecution and for maintaining such prosecution;

2. Matters necessary for applying for a warrant;

3. Consultation with and support for judicial police officers regarding criminal investigations;

4. Request to the courts for the proper application of the statutes and regulations;

5. Direction of and supervision over the execution of judgments;

6. Conduct of litigation or administrative litigation in which the State is a party or participant, or direction and supervision of such conduct;

7. Matters prescribed by the statutes, including the Criminal Procedure Act, for the performance of prosecutors' duties, including the duties set forth in subparagraphs 1 through 6, the recovery of criminal proceeds, and mutual legal assistance in criminal matters;

8. Other matters falling within their authority pursuant to other statutes.

Article 5(Prohibition of abuse of authority) #

In performing their duties, prosecutors shall, in accordance with the Constitution and the statutes, protect the freedoms and rights of the people and the inviolable fundamental human rights of all individuals, observe due process, maintain fairness and neutrality as servants of the entire people, and shall not abuse the authority vested in them.

Article 6(Head of Supreme Prosecutors’ Office) #

(1) The head of the Supreme Prosecutors’ Office shall be the Prosecutor General.

(2) The ranks of prosecutors are classified into the Prosecutor General and prosecutors.

Article 7(Direction and supervision of prosecutorial affairs) #

With respect to prosecutorial affairs, prosecutors shall be subject to direction and supervision as prescribed by statutes.

Article 8(Right of prosecutors to raise objections) #

(1) Any prosecutor who has a different view as to the legality or justifiability of direction and supervision under Article 7 with respect to a specific case may raise an objection.

(2) No prosecutor who has raised an objection pursuant to paragraph (1) shall be subject to any disadvantageous disposition or treatment on the grounds of having raised such objection.

Article 9(Direction and supervision by the Minister of Justice) #

As the highest supervisor of prosecutorial affairs, the Minister of Justice shall generally direct and supervise prosecutors, and shall direct and supervise only the Prosecutor General with respect to specific cases.

Article 10(Mutual assistance in execution of duties) #

Public officials of the Supreme Prosecutors’ Office, public prosecution offices at each level, and branch offices shall assist one another in performing their duties.

Article 11(Head of Supreme Prosecutors’ Office) #

(1) There shall be the Prosecutor General in the Supreme Prosecutors’ Office.

(2) The Prosecutor General shall take charge of the affairs of the Supreme Prosecutors’ Office, oversee prosecutorial affairs, and direct and supervise officials of the Supreme Prosecutors’ Office, public prosecution offices at each level, and branch offices.

(3) The term of office of the Prosecutor General shall be 2 years, and he or she may not be reappointed.

Article 12(Deputy Prosecutor General of Supreme Prosecutors’ Office) #

(1) There shall be a Deputy Prosecutor General in the Supreme Prosecutors’ Office.

(2) The Deputy Prosecutor General of the Supreme Prosecutors’ Office shall assist the Prosecutor General and, when the Prosecutor General is unable to perform his or her duties due to unavoidable circumstances, shall act on his or her behalf.

Article 13(Prosecutors of Supreme Prosecutors’ Office) #

There shall be prosecutors assigned to the Supreme Prosecutors’ Office.

Article 14(Research officers of Supreme Prosecutors’ Office) #

(1) There shall be research officers assigned to the Supreme Prosecutors’ Office.

(2) Research officers of the Supreme Prosecutors’ Office shall be appointed from among prosecutors or general service public officials in Grade III or IV, as prescribed by Presidential Decree. In such cases, a prosecutor serving as a research officer of the Supreme Prosecutors’ Office may concurrently hold the position of prosecutor of a High Prosecutors’ Office or District Prosecutors’ Office.

(3) Research officials of the Supreme Prosecutors’ Office shall assist the Prosecutor General and engage in planning, investigation, and research concerning prosecutorial affairs.

Article 15(Organizational structure) #

Departments and a secretariat shall be established in the Supreme Prosecutors’ Office, and divisions shall be established in the departments and the secretariat; all matters concerning the establishment of, and the duties assigned to, the departments, the secretariat, and the divisions shall be prescribed by Presidential Decree.

Article 16(Chief Prosecutor of Metropolitan Prosecution Office) #

(1) Each High Prosecutors’ Office shall have a chief prosecutor.

(2) The Chief Prosecutor of a High Prosecutors’ Office shall take charge of the affairs of that High Prosecutors’ Office and direct and supervise public officials under his or her authority.

Article 17(Deputy Chief Prosecutor of High Prosecutors’ Office) #

(1) Each High Prosecutors’ Office shall have a deputy chief prosecutor.

(2) The Deputy Chief Prosecutor of High Prosecutors’ Office shall assist the Chief Prosecutor of the relevant High Prosecutors’ Office and, when the Chief Prosecutor is unable to perform his or her duties due to unavoidable circumstances, shall act on his or her behalf.

Article 18(Department Chief Prosecutor of High Prosecutors’ Office) #

(1) A High Prosecutors’ Office may establish departments for the distribution of its affairs.

(2) Each department of a High Prosecutors’ Office shall have the department chief prosecutor.

(3) The chief prosecutor of each department shall handle the affairs of the relevant department.

Article 19(Prosecutors of High Prosecutors’ Office) #

(1) Each High Prosecutors’ Office shall have prosecutors.

(2) The Minister of Justice may have the prosecutors of a High Prosecutors’ Office perform duties at the seat of the District Prosecutors’ Office within its jurisdiction.

Article 20(Organizational structure) #

A secretariat shall be established in each High Prosecutors’ Office, and divisions shall be established in the secretariat; all matters concerning the establishment of the divisions and the duties assigned thereto shall be prescribed by Presidential Decree.

Article 21(Case Review Committee) #

(1) The Case Review Committee (hereafter in this Article referred to as the "Review Committee") shall be established in each High Prosecutors’ Office to deliberate on the matters set forth in the following subparagraphs concerning cases that attract significant public attention or raise concerns as to fairness:

1. Whether to apply for or reapply for an arrest warrant;

2. Whether to institute a public prosecution;

3. Whether to file an appeal;

4. Other matters prescribed by Presidential Decree in relation to prosecutors' duties.

(2) The Review Committee shall consist of at least 50 and not more than 200 members, who shall be commissioned by the Chief Prosecutor of each High Prosecutors’ Office from among experts from various sectors of society who possess knowledge and experience in judicial systems and related fields.

(3) The term of office of the members of the Review Committee shall be 2 years.

(4) A prosecutor or any person involved in the case (meaning a suspect, complainant, organizational complainant, victim, and his or her counsel or representative) may file a request for review under paragraph (1) with a public prosecution office at each level or a branch office that is reviewing the case or has rendered a disposition in the case.

(5) Each meeting of the Review Committee shall consist of 15 members selected by random drawing for each meeting.

(6) The chairperson of a meeting of the Review Committee constituted pursuant to paragraph (5) shall be elected by and from among the members thereof, and the meeting shall be convened with the attendance of the chairperson and not fewer than 10 members, and resolutions shall require the affirmative vote of a majority of the members present.

(7) Meetings of the Review Committee shall be closed to the public, and the Review Committee shall independently determine whether to disclose its opinions and, if so, the timing and method of such disclosure and the contents of notification.

(8) Prosecutors shall give due respect to the opinions of the Review Committee.

(9) Except as provided in paragraphs (1) through (8), matters necessary for the composition of the Review Committee, the submission of agenda items, deliberation procedures, and other matters necessary for the operation of the Review Committee shall be prescribed by Presidential Decree.

Article 22(Chief Prosecutor of District Prosecutors’ Office) #

(1) Each District Prosecutors’ Office shall have a chief prosecutor.

(2) The chief prosecutor of a District Prosecutors’ Office shall take charge of the affairs of that District Prosecutors’ Office and direct and supervise its public officials.

Article 23(Chief of branch office) #

(1) Each branch office shall have a branch chief.

(2) The branch chief shall, under the direction of the chief prosecutor of the relevant District Prosecutors’ Office, handle the affairs under his or her jurisdiction and direct and supervise its public officials.

Article 24(Deputy chief prosecutors of District Prosecutors’ Offices and branch offices) #

(1) Each District Prosecutors’ Office and the branch offices prescribed by Presidential Decree shall have a deputy chief prosecutor.

(2) The deputy chief prosecutor of a District Prosecutors’ Office or a branch office shall assist the chief prosecutor of the relevant District Prosecutors’ Office or the relevant branch chief and, when such chief prosecutor or branch chief is unable to perform his or her duties due to unavoidable circumstances, shall act on his or her behalf.

Article 25(Chief prosecutors of department of District Prosecutors’ Offices and branch offices) #

(1) Departments may be established in District Prosecutors’ Offices and branch offices for the distribution of their affairs.

(2) Each department of District Prosecutors’ Office and branch office shall have a chief prosecutor for each department.

(3) The chief prosecutor of each department shall handle the affairs of the relevant department.

Article 26(Prosecutors of District Prosecutors’ Offices and branch offices) #

Each District Prosecutors’ Office and branch office shall have prosecutors.

Article 27(Organizational structure) #

A Secretariat shall be established in each District Prosecutors’ Office and in such branch offices as prescribed by Presidential Decree, and divisions shall be established in each Secretariat; all matters concerning the establishment of such divisions and the duties assigned thereto shall be prescribed by Presidential Decree.

Article 28(Qualifications for Prosecutor General) #

The Prosecutor General shall be appointed from among persons who have served or engaged in any of the following positions or duties for 15 years or more:

1. A judge, prosecutor or attorney-at-law;

2. A person qualified as an attorney-at-law who has engaged in legal affairs at a State agency, local government, State-run or publicly operated enterprise, public institution under Article 4 of the Act on the Management of Public Institutions, or other corporations;

3. A person qualified as an attorney-at-law who has served as an assistant professor of law or in a higher position at a college or university.

Article 29(Appointment of prosecutors of the Supreme Prosecutors’ Office) #

The following prosecutors (hereinafter referred to as "prosecutors of the Supreme Prosecutors’ Office and others") shall be appointed from among persons who have served in any of the positions or engaged in any of the duties set forth in the subparagraphs of Article 28 for at least 10 years:

1. Chief prosecutor of a High Prosecutors’ Office;

2. Deputy Prosecutor General of the Supreme Prosecutors’ Office;

3. Other prosecutors prescribed by Presidential Decree.

Article 30(Special cases on appointment of prosecutors in charge of inspection) #

(1) There shall be prosecutors in charge of inspection affairs in the Supreme Prosecutors’ Office (hereinafter referred to as "prosecutors in charge of inspection"), who shall be appointed from among qualified persons through an open recruitment process conducted within and outside the Supreme Prosecutors’ Office and public prosecution offices at each level.

(2) Prosecutors in charge of inspection shall be appointed from among persons who have served in any of the positions or engaged in any of the duties set forth in the subparagraphs of Article 28 for at least 10 years.

(3) The Prosecutor Personnel Committee under Article 42 shall deliberate on whether an applicant for the open recruitment under paragraph (1) is qualified for appointment, shall select not more than 3 candidates for appointment, and shall recommend them to the Minister of Justice.

(4) Upon receiving a recommendation under paragraph (3), the Minister of Justice shall, after hearing the opinion of the Prosecutor General, recommend to the President one of the candidates for appointment recommended by the Prosecutor Personnel Committee under Article 42. In such cases, the recommendation for appointment shall be made by way of transfer where the person is a prosecutor at the time of appointment, and by way of new appointment where the person is not a prosecutor at the time of appointment.

(5) The term of office of prosecutors in charge of inspection and disciplinary affairs shall be 2 years, and they shall not be eligible for reappointment.

(6) Prosecutors in charge of inspection whose terms have expired shall continue to perform their duties until their successors are appointed.

Article 31(Transfer of prosecutors in charge of inspection) #

(1) No prosecutor in charge of inspection who is appointed by way of transfer shall be transferred to any other position contrary to his or her will, except in cases where he or she falls under any of the following subparagraphs:

1. Where he or she falls under any reason to be subject to disciplinary action in any subparagraph of Article 2 of the Act on Discipline of Prosecutors;

2. Where he or she considerably lacks the ability to perform duties to a significant extent.

(2) When a prosecutor in charge of inspection appointed by way of transfer falls under any of the subparagraphs of paragraph (1), the Minister of Justice may, after deliberation by the Prosecutor Personnel Committee under Article 42 and after hearing the opinion of the Prosecutor General, recommend to the President that such prosecutor be appointed to another position.

Article 32(Retirement of prosecutors in charge of inspection) #

Where the Minister of Justice finds that a prosecutor in charge of inspection appointed by way of new appointment is unable to normally perform his or her duties as a prosecutor due to a marked lack of ability to perform such duties or for any similar reason, the Minister of Justice shall have such prosecutor undergo the qualification review under Article 47 (excluding paragraph (1)) and may, based on the results thereof, recommend to the President that an order of retirement be issued against such prosecutor.

Article 33(Qualifications for prosecutors) #

Prosecutors are appointed from among those qualified as attorneys-at-law.

Article 34(Appointment of prosecutors of High Prosecutors’ Office) #

The following prosecutors shall be appointed from among persons who have served in any of the positions or engaged in any of the duties set forth in the subparagraphs of Article 28 for at least 7 years:

1. Prosecutors of a High Prosecutors’ Office, excluding prosecutors of the Supreme Prosecutors’ Office and others;

2. Deputy chief prosecutors and department chief prosecutors of a District Prosecutors’ Office and its branch office;

3. Branch chief.

Article 35(Aggregation of years of service) #

In applying Articles 28, 29 and 34, with respect to a person who has served in or engaged in two or more positions or duties, the years of service shall be computed by adding them together.

Article 36(Territorial jurisdiction of prosecutors) #

Except as specifically provided in the statutes or regulations, a prosecutor shall perform his or her duties within the jurisdiction of the Supreme Prosecutors’ Office, the public prosecution offices at each level, or the branch office to which he or she belongs.

Article 37(Delegation, succession, and transfer of prosecutors' duties) #

(1) The head of a public prosecution office at each level may have a prosecutor under his or her supervision handle, by delegation, part of the duties falling under his or her authority.

(2) The head of a public prosecution office at each level referred to in paragraph (1) may succeed to the duties of a prosecutor belonging to that office and handle them personally, or have them transferred to and handled by another prosecutor.

Article 38(Acting performance of prosecutors' duties) #

(1) Where the Prosecutor General deems it necessary, he or she may designate public officials in general service in Grade IV or Grade V to act on behalf of a prosecutor assigned to a District Prosecutors’ Office or a branch office.

(2) No person who acts on behalf of a prosecutor under paragraph (1) shall handle any case brought to a collegial court under the Court Organization Act.

(3) The scope of duties of the acting prosecutor pursuant to paragraph (1) and other matters necessary for the operation, etc. of the acting prosecutor shall be prescribed by Presidential Decree.

Article 39(Grounds for disqualification) #

A person falling under any of the following subparagraphs shall not be appointed as a prosecutor:

1. A person who falls under any of the subparagraphs of Article 33 of the State Public Officials Act;

2. A person sentenced to imprisonment without labor or heavier punishment;

3. A person for whom 5 years have not elapsed since being removed from office pursuant to an impeachment decision;

4. A public official belonging to the Office of the President who has not yet passed 2 years since retirement.

Article 40(Appointment and placement of prosecutors) #

(1) The President shall appoint prosecutors and assign them to positions upon the proposal of the Minister of Justice. In such cases, the Minister of Justice shall propose the assignment of prosecutors to positions after hearing the opinion of the Prosecutor General.

(2) Where the President appoints the Prosecutor General upon the proposal of the Minister of Justice, a personnel hearing before the National Assembly shall be held.

Article 41(Committee for Recommendation of Prosecutor General Candidates) #

(1) The Committee for Recommendation of Prosecutor General Candidates (hereinafter referred to as the "Candidate Recommendation Committee") shall be established within the Ministry of Justice to recommend candidates for Prosecutor General to be proposed by the Minister of Justice.

(2) Whenever the Minister of Justice proposes a candidate for Prosecutor General, the Candidate Recommendation Committee shall be constituted by 9 members, including 1 chairperson.

(3) The Minister of Justice shall designate the chairperson of the Candidate Recommendation Committee from among its members under paragraph (4).

(4) The members of the Candidate Recommendation Committee shall be appointed or commissioned by the Minister of Justice from among the following persons:

1. A person who has served as a prosecutor of the Supreme Prosecutors’ Office and others and is held in high social esteem;

2. A director-general in charge of prosecutorial affairs at the 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 Candidate Recommendation Committee shall be convened by its chairperson in any of the following cases, and a majority of the members present shall adopt a resolution:

1. Where the Minister of Justice requests it;

2. Where at least one-third of the members of the Candidate Recommendation Committee request it;

3. Where the chairperson of the Candidate Recommendation Committee deems it necessary.

(6) The Candidate Recommendation Committee shall recommend at least 3 candidates for the Prosecutor General.

(7) In proposing candidates for the Prosecutor General, the Minister of Justice shall respect the recommendations of the Candidate Recommendation Committee.

(8) When the Candidate Recommendation Committee recommends candidates for the Prosecutor General pursuant to paragraph (6), the relevant Candidate Recommendation Committee shall be deemed dissolved.

(9) Except as provided in paragraphs (1) through (8), matters necessary for the composition and operation of the Candidate Recommendation Committee and other related matters shall be prescribed by Presidential Decree.

[Enforcement date: March 24, 2026] Article 41

Article 42(Prosecutor Personnel Committee) #

(1) A Prosecutor Personnel Committee (hereinafter referred to as the "Personnel Committee") shall be established within the Ministry of Justice to deliberate on important matters concerning the appointment, transfer, and other personnel affairs of prosecutors.

(2) The Personnel Committee shall consist of 11 members, including 1 chairperson, and the Minister of Justice shall designate the chairperson from among the members of the Personnel Committee under paragraph (3).

(3) The members of the Personnel Committee shall be appointed or commissioned by the Minister of Justice from among the following persons, and their term of office shall be 1 year:

1. Three prosecutors; provided, at least one of them shall be a prosecutor other than prosecutors of the Supreme Prosecutors’ Office and others or a prosecutor referred to in any subparagraph of Article 34;

2. Two judges recommended by the Administrator of the National Court Administration; provided, that they shall participate only in deliberations on matters concerning the criteria for the initial appointment of prosecutors among the matters referred to in paragraph (4)2;

3. Two attorneys recommended by the President of Korean Bar Association;

4. Two law professors, one each recommended by the President of the Korea Law Professors Association, Inc. and the Chairperson of the Association of Korean Law Schools;

5. Two persons who are not qualified as attorneys-at-law and who have knowledge, high moral character, and abundant experience in various specialized fields.

(4) The Personnel Committee shall deliberate on the following matters:

1. Matters concerning the formulation of a basic plan for prosecutor personnel administration and the amendment or repeal of the statutes and regulations concerning such personnel administration;

2. Matters concerning principles and standards for the appointment and change of position of prosecutors;

3. Matters concerning the evaluation of a prosecutor's case involving an acquittal or a case that has attracted public attention, for which at least one-third of the members of the Personnel Committee have requested deliberation;

4. Other matters concerning personnel affairs on which the Minister of Justice requests deliberation.

(5) Resolutions of the Personnel Committee shall require the affirmative vote of a majority of its incumbent members.

(6) The Minister of Justice shall give due respect to the results of the Personnel Committee's deliberations.

(7) Except as provided in paragraphs (1) through (6), matters necessary for the composition and operation of the Personnel Committee and other related matters shall be prescribed by Presidential Decree.

Article 43(Evaluation of work performance) #

(1) The Minister of Justice shall establish fair evaluation criteria to conduct evaluations of work performance and competence of prosecutors.

(2) Among the evaluation criteria under paragraph (1), the criteria for evaluating work performance shall be formulated to reasonably reflect the rate at which appeals and further appeals under Article 57 are upheld and the grounds therefor, the rate at which applications for adjudication under Article 260 of the Criminal Procedure Act are granted and the grounds therefor, and the rate of acquittals and the grounds therefor; and the criteria for evaluating qualifications shall include sincerity, integrity, kindness, etc.

(3) The Minister of Justice shall conduct evaluations of prosecutors in accordance with the evaluation criteria under paragraph (1) and reflect the results in personnel management, such as assignment to positions and transfer.

(4) Except as provided in paragraphs (1) through (3), matters necessary for the evaluation of the work performance and qualifications of prosecutors shall be prescribed by Decree of the Ministry of Justice.

Article 44(Fixed number and remuneration) #

(1) Prosecutors shall be public officials in special service, and matters concerning their fixed number and remuneration shall be prescribed by a separate Act.

(2) The status of prosecutors shall be respected, and the remuneration of prosecutors shall be determined to be commensurate with their duties and dignity.

Article 45(Guarantee of status of prosecutors and disciplinary action) #

(1) No prosecutor shall be removed from office except where an impeachment decision is rendered, a sentence of imprisonment without labor or heavier punishment is imposed, or a disciplinary disposition is taken; nor shall any prosecutor be subject to dismissal, discharge, suspension from office, reduction in salary, reprimand, or retirement except by disciplinary disposition, qualification review, or on grounds prescribed by this Act.

(2) Matters concerning the discipline of prosecutors shall be prescribed by a separate Act.

Article 46(Leave of absence) #

(1) Where a prosecutor falls under any of the grounds specified in Article 71(1)1 and 3 through 5 of the State Public Officials Act, the Minister of Justice shall order the prosecutor to take a leave of absence regardless of his or her intention.

(2) Where a prosecutor wishes to take a leave of absence on any of the grounds specified in the subparagraphs of Article 71(2) of the State Public Officials Act (excluding private enterprises, in the case of subparagraph 1 of that paragraph), the Minister of Justice may order the leave of absence; provided, in the case of Article 71(2)4 of the State Public Officials Act, the Minister of Justice shall order the leave of absence unless there are special circumstances under the proviso, with the exception of the subparagraphs, of that paragraph.

(3) Matters concerning the payment of remuneration, etc. during the period of leave of absence under paragraphs (1) and (2) shall be prescribed by Presidential Decree.

(4) The period and effect of leave of absence under paragraphs (1) and (2) shall be governed by Articles 72 and 73 of the State Public Officials Act.

(5) Where a prosecutor takes a leave of absence for 6 months or longer pursuant to paragraph (2) on the grounds specified in Article 71(2)4 of the State Public Officials Act, a vacancy may be filled, as prescribed by Presidential Decree, by deeming that a separate fixed number is allocated for the relevant prosecutor and by applying Article 43(1),(2), and (6) of that Act mutatis mutandis.

Article 47(Qualification review of prosecutors) #

(1) A prosecutor (excluding the Prosecutor General) shall undergo a qualification review every 7 years after appointment.

(2) For the qualification review under paragraph (1), the Prosecutor Qualification Review Committee shall be established in the Ministry of Justice (hereafter in this Article referred to as the "Qualification Review Committee"), consisting of 6 members as follows:

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. One person commissioned by the Minister of Justice from among persons who have knowledge and experience in the judicial system and are not qualified as lawyers;

5. Two prosecutors designated by the Minister of Justice.

(3) The members under paragraph (2)1 through 3 shall be commissioned by the Minister of Justice upon recommendation under the relevant subparagraph.

(4) Where the Qualification Review Committee finds that a prosecutor is unable to normally perform his or her duties as a prosecutor, such as where the prosecutor's ability to perform official duties is markedly deficient, it shall, by a resolution adopted by at least two-thirds of its incumbent members, recommend the retirement of the prosecutor to the Minister of Justice.

(5) Before making a resolution under paragraph (4), the Qualification Review Committee shall give the relevant prosecutor an opportunity to appear before the Qualification Review Committee and make a full statement.

(6) Where the Minister of Justice finds the recommendation for retirement under paragraph (4) reasonable, he or she shall recommend to the President that the relevant prosecutor be ordered to retire.

(7) Qualifications and terms of office of the members under each subparagraph of paragraph (2), the methods of investigation and deliberation by the Qualification Review Committee, and other matters necessary for the operation of the Qualification Review Committee shall be prescribed by Presidential Decree.

Article 48(Retirement due to mental or physical disability) #

Where a prosecutor is unable to perform his or her duties due to a serious mental or physical disability, the President may order the prosecutor to retire, upon the recommendation of the Minister of Justice, as prescribed by Presidential Decree.

Article 49(Honorary retirement) #

(1) Where a prosecutor with at least 20 years of continuous service voluntarily retires before reaching the mandatory retirement age, he or she may be paid an honorary retirement allowance.

(2) Matters concerning the persons eligible for payment of honorary retirement allowances under paragraph (1), the amount thereof, and other matters concerning such payment shall be prescribed by Presidential Decree.

Article 50(Retirement age) #

(1) The mandatory retirement age of the Prosecutor General shall be 65 years of age.

(2) The mandatory retirement age for prosecutors other than the Prosecutor General shall be 63 years of age.

Article 51(Prohibition of political activities) #

No prosecutor shall engage in any of the following acts while in office:

1. Acts engaging in political activities specified in the following items:

a. Joining a political party or political organization, or becoming a member of the National Assembly or a Local Council;

b. Supporting or obstructing the formation of, or membership in, a political party or political organization;

c. Using one's position to disseminate opinions in support of or opposition to a specific political party or politician, or disseminating opinions or facts praising or slandering a specific political party or politician for the purpose of creating such public opinion;

d. Supporting or obstructing fund raising for a specific political party, specific politician, or specific political organization, or using corporate funds, funds of the State, local governments, or public institutions under Article 4 of the Act on the Management of Public Institutions, or causing such funds to be provided;

e. Engaging in election campaigning for a specific political party or politician, or being involved in election-related strategy meetings;

f. Instigating, inducing, soliciting, coaxing, or threatening others to organize, attend, or support a rally for a specific political party, specific politician, or specific political organization;

g. Engaging in any of the acts specified in items b through f through an information and communications network under the Act on Promotion of Information and Communications Network Utilization and Information Protection;

h. Requiring subordinate staff or other public officials to engage in any of the acts specified in items a through g, or giving or promising to give an advantage or disadvantage as compensation for or retaliation in connection with such acts, or notifying them thereof;

2. Engaging in work for the purpose of monetary gain;

3. Engaging in duties for which remuneration is received without the permission of the Minister of Justice.

Article 52(Concurrent holding of office by prosecutors) #

Any employee of the Ministry of Justice or an affiliated agency who is qualified to be appointed as a prosecutor may concurrently serve as a prosecutor. In such cases, he or she shall receive the remuneration for the position with the higher pay, and the number of such concurrent prosecutors shall not be included in the fixed number of prosecutors under Article 44.

Article 53(Prohibition on secondment of prosecutors) #

(1) No prosecutor shall be seconded to the Office of the President or the Serious Crimes Investigation Agency, or concurrently hold a position in the Office of the President or the Serious Crimes Investigation Agency.

(2) A person who has retired as a prosecutor shall not be appointed to a position in the Office of the President until 1 year has elapsed from the date of retirement.

Article 54(Staff of the Supreme Prosecutors’ Office) #

The Supreme Prosecutors’ Office, public prosecution offices at each level, and branch offices shall have public officials in general service.

Article 55(Duties of staff of the Supreme Prosecutors’ Office) #

(1) Staff of the Supreme Prosecutors’ Office, public prosecution offices at each level, and branch offices shall engage in the following affairs:

1. Affairs concerning prosecutorial duties performed under the direction of a prosecutor;

2. Preparation and preservation of criminal records;

3. Affairs concerning assistance in the litigation duties of a prosecutor designated to conduct litigation or administrative litigation to which the State is a party or participant, and the preparation and preservation of records and other documents related thereto;

4. Other affairs concerning the administration of the Supreme Prosecutors’ Office, public prosecution offices at each level, and branch offices.

(2) Except as provided in paragraphs (1), the detailed affairs of officials of the Supreme Prosecutors’ Office, public prosecution offices at each level, and branch offices shall be prescribed by Decree of the Ministry of Justice.

Article 56(Cooperative relationship) #

(1) A prosecutor shall, in relation to investigations, respect the opinions of judicial police officers and persons who perform the duties of judicial police officers pursuant to relevant statutes and regulations (hereafter referred to as "judicial police officers, etc."), and shall ensure that investigations by judicial police officers, etc. are conducted lawfully.

(2) Judicial police officers, etc. shall, in relation to criminal investigations, respect the demands, requests, consultations, and assistance of prosecutors.

Article 57(Appeals and further appeals) #

(1) Any complainant or accuser who is dissatisfied with a non-prosecution disposition made by a prosecutor may file a written appeal with the head of the competent High Prosecutors’ Office, through the District Prosecutors’ Office or branch office to which the prosecutor belongs, within 30 days from the date he or she receives notice under Article 258(1) of the Criminal Procedure Act. In such cases, if the prosecutor of the relevant District Prosecutors’ Office or branch office finds the appeal to be well-grounded, he or she shall rectify that disposition.

(2) If the head of a High Prosecutors’ Office finds that the appeal under paragraph (1) is well-grounded, he or she may have a prosecutor belonging to that High Prosecutors’ Office directly correct the non-prosecution disposition made by a prosecutor of a District Prosecutors’ Office or branch office. In such cases, the prosecutor of the High Prosecutors’ Office shall be deemed to perform duties as a prosecutor of that District Prosecutors’ Office or branch office.

(3) A person who has filed an appeal under paragraph (1) (excluding any person who may file an application for adjudication under Article 260 of the Criminal Procedure Act; hereafter in this Article the same shall apply) may file a written further appeal with the Prosecutor General through the High Prosecutors’ Office to which the prosecutor belongs, in accordance with the classifications set forth in the following subparagraphs; in such cases, if the prosecutor of the relevant High Prosecutors’ Office finds the further appeal to be well-grounded, he or she shall rectify that disposition:

1. Where a person objects to a disposition dismissing an appeal: Within 30 days from the date he or she is notified of the decision dismissing the appeal;

2. Where 3 months have elapsed from the date an appeal is filed without any disposition being made on the appeal: Within 30 days from the date on which the three-month period expires.

(4) In cases falling under paragraph (1) or (3), where a person who has filed an appeal or further appeal demonstrates that he or she failed to file the appeal or further appeal within the relevant period due to a cause not attributable to him or her, the period for filing the appeal or further appeal shall be calculated from the time such cause ceases to exist.

(5) Any appeal or further appeal received after the period specified in paragraph (1) or (3) has expired shall be dismissed; provided, this shall not apply where material evidence is newly discovered and the complainant or accuser demonstrates such grounds.

Article 58(Delegation) #

Matters concerning the affairs of the Supreme Prosecutors’ Office, public prosecution offices at each level, and branch offices shall be prescribed by Decree of the Ministry of Justice.

Article 59(Crime of political involvement) #

If a prosecutor engages in political activities in violation of subparagraph 1 of Article 51, he or she shall be punished by imprisonment with labor for not more than 5 years and disqualification for not more than 5 years, and notwithstanding Article 249(1) of the Criminal Procedure Act, the statute of limitations for prosecution of such offense shall be 10 years.