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The Public Service Duties and Roles of the Public Prosecutors

검사의 공익 대표자로서 지위와 공익 대표 직무
Authors: Chang Kuhn Kim; Han-Kyun Kim;

The Public Service Duties and Roles of the Public Prosecutors

Abstract

This essay aims to review the public service duties and roles of the public prosecutors from the viewpoint of criminal justice reform, esp. of the reform of public prosecutors as state power institutions which has had enormous impact on the South Korean politics and people’s life. According to the Articel 4 of the Prosecutor’s Office Act, each prosecutor shall have the duties and authority falling under any of the following subparagraphs as a representative of public interests: ➀ Matters necessary for investigating crimes and instituting and maintaining public prosecution: Provided, That the scope of crimes for which a prosecutor may commence an investigation shall be significant crimes prescribed by Presidential Decree, such as corruption crimes and economic crimes, Crimes committed by police officers; ➁ Direction for and supervision of special judicial police officers with respect to the investigation of crimes; ➂ Requests for appropriate application of statutes or regulations to a court; ➃ Direction for and supervision of the execution of judgments; ➄Proceedings with litigation or administrative litigation to which the State is a party or a participant, or direction for or supervision of such proceedings; ➅ Matters which fall under the authority of prosecutors under other statutes or regulations. In performing his or her duties, each prosecutor as a civil servant of all citizens shall protect the human rights of citizens, observe due process, and maintain political neutrality, and shall not abuse any authority vested in him or her, in accordance with the Constitution and statutes. For the progress of the criminal justice reform, focused on the reform of public prosecutors should make both status of representative of public interests and civil servant of all citizens in mind. The 2021 case of ‘public interest task force’ at DAEGU District Public prosecutors’ Office can be recommended as one of the best practice of the reform policy.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
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