Prosecution

History of Korean Prosecution System

Korea had not established prosecution system until the end of the 19th century. The Chosun dynasty(old Korea:1392-1910)had ruled over the country and, like other abosolute monarchies, the administration and the judicature were not divided structurally. The organization that conducted the trial also exercised the prosecution power.

Introduction A Criminal Trial during the Chosun Dynasty A modernized prosecution system first appeared in 1985 when the Court Organization Act(Chaepanso Kusongbop) and the Public Prosecutor Organization Decree(Komsa Chikje) were promulgated. These two laws, which were made in the course of the modernization of the national

legal system, provided that public prosecutors should be members of a court but should perform their authority and duties independently. The authority and duties of public prosecutors were:investigation of crimes; direction and supervision of the police; institution and maintenance of prosecution; execution of sentence; supervision of the appropriate application of laws: attendance in some civil proceedings, etc. This system continued to exist until 1910 when Korea was deprived of her sovereignty by Japan.

After Korea gained independence in 1945, following the Japanese surrender to the Allied Forces, the Public Prosecutor's Office Act was promulgated on Dec. 20, 1949 and the current prosecution system was established. The Criminal Procedure Code promulgated on Sep. 23, 1954 made the whole criminal justice system complete and modernized.