Supreme Prosecutors' Office of the Republic of Korea
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The Supreme Prosecutors' Office of the Republic of Korea (SPO) is a governmental
prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...
organization in
South Korea South Korea, officially the Republic of Korea (ROK), is a country in East Asia, constituting the southern part of the Korea, Korean Peninsula and sharing a Korean Demilitarized Zone, land border with North Korea. Its western border is formed ...
and is run under the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Just ...
. As a national representative of prosecutors, the Office works with the
Supreme Court of Korea The Supreme Court of Korea () is the highest ordinary court in the judicial branch of South Korea, seated in Seocho, Seoul. Established under Chapter 5 of the Constitution of South Korea, the Court has ultimate and comprehensive jurisdiction ...
and below.


Organization

It consists of: *Supreme Prosecutors' Office (대검찰청) *High Prosecutors' Office (고등검찰청) *District Prosecutors' Office (지방검찰청)


Controversies

Since the latter half of the year 2010, the ruling political party in South Korea, the
Grand National Party The Liberty Korea Party () was a conservative political party in South Korea that was described variously as right-wing, right-wing populist, or far-right. Until February 2017, it was known as the Saenuri Party (), and before that as the Hanna ...
, has an uneasy stance with the budget issues and eventually generated severe disputes relating to corruptions and it contributed to criticisms against the Supreme Prosecutors' Office.


Prosecutor general

In 2011, a prosecutor general candidate, Han Sang-dae (한상대) was under investigation for his two incidents of false address registration and his participation of draft-dodging.


Civilian inspections

The Supreme Prosecutors' Office is alleged for hypocritical actions that it poorly managed the investigation of the illegal political-level inspections towards civilian institutions in 2010, however restricted an episode of MBC PD Note about this incident.


Right-wing political policing

The SPO under the
Lee Myung-bak government The Lee Myung-bak government (, RR: ''I Myeong-bak Jeongbu'') was the fifth government of the Sixth Republic of South Korea. It took office on 25 February 2008 after Lee Myung-bak's victory in the 2007 presidential elections. Most of the new cabi ...
has right-wing political characteristics. There was a series of allegations of sabotages against the current non-partisan mayor,
Park Won-soon Park Won-soon ( ko, 박원순; March 26, 1956July 9, 2020) was a South Korean politician, activist, and lawyer. His term ended when he took his own life due to a sexual harassment scandal. He was the longest-serving mayor of Seoul, from 2011 un ...
, by the SPO before the October 2011 election. Politicians who had supported former president
Roh Moo-hyun Roh Moo-hyun (; ; 1 September 1946 – 23 May 2009) was a South Korean politician and lawyer who served as the ninth president of South Korea between 2003 and 2008. Roh's pre-presidential political career was focused on human rights advocacy for ...
also supported Park Won-soon under a unified intention to oppose the current SPO. The SPO's investigations against
Han Myeong-sook Han Myeong-sook (born March 24, 1944; ko, 한명숙 ) was the Prime Minister of South Korea from April 2006 to March 2007. She is South Korea's first female prime minister (second female prime minister overall if the acting premiership of Chan ...
has led to more controversy as the Seoul High Court has found her innocent twice in the row. However, the SPO has immediately appealed the decision, citing 11 different counts of evidence. Amongst them were direct statements by Han man-ho that he paid her 900,000,000 won in illegal fund money, Han Myeong-sook's siblings usage 100,000,000 won checks, and 240,000,000 won in Mrs. Han's bank account that had a 'suspicious trail'. The SPO alleges that Han Myeong-sook's assistant was taking the fall to cover for her illegal activities.


Bribery scandal

On January 13, 2012, the Seoul High Court cleared one of the bribery charges against Han Myeong-sook.


Notable incidents


Sexual favor from the suspect

In November 2012, it was alleged a 30-year-old trainee prosecutor, was found to have performed sexual acts in the office with the suspect in her 40s while questioning her over an alleged theft and other charges earlier that month. According to inspectors at the Supreme Public Prosecutors' Office (SPO) four days later, he took the woman to a nearby motel where they had sex. Jae-mong Jeon, the junior prosecutor, also a
patent attorney A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing patent applications and op ...
and a graduate of
Seoul National University Seoul National University (SNU; ) is a national public research university located in Seoul, South Korea. Founded in 1946, Seoul National University is largely considered the most prestigious university in South Korea; it is one of the three "S ...
and
Hanyang Law School Hanyang may refer to: China *Hanyang District (漢陽區, 汉阳区, ''Hànyáng Qū''), Wuhan, Hubei :*Hanyang Arsenal (漢陽兵工廠), founded in 1891 as one of the oldest modern arsenals in Chinese history :*Hanyang 88 (漢陽八八式步槍), ...
, claims the sex was consensual, according to investigators. The incident has rocked the Korean Prosecutors Office to the core and resulted in a strong reprimand from the president and prompt resignation of the Chief Prosecutor.


G20 summit poster incident

There was an incident where a university instructor, Park Jeong-su, vandalized a G-20 promotional poster by drawing a rat before the 2010 G-20 Seoul summit. His prosecution by the SPO has exposed concerns that the SPO is politically leaned to serve the Lee Myung-bak government.


Impact

Baek Hye-ryun Back Hye-ryun (; born 17 February 1967) is a South Korean prosecutor-turned parliamentarian. From 2000, she worked as a state prosecutor. In 2011, she resigned the post to publicly criticise political favouritism of Prosecution Service towar ...
(백혜련), the female district attorney of the Daegu District Public Prosecutor's Office, voluntarily resigned on November 21, 2011 as the SPO cannot officially maintain its political neutrality under the Lee Myung-bak government. The former chief secretary to late President
Roh Moo-hyun Roh Moo-hyun (; ; 1 September 1946 – 23 May 2009) was a South Korean politician and lawyer who served as the ninth president of South Korea between 2003 and 2008. Roh's pre-presidential political career was focused on human rights advocacy for ...
,
Moon Jae-in Moon Jae-in (; ; born 24 January 1953) is a South Korean former politician, civil servant and lawyer who served as the 12th president of South Korea between 2017 and 2022. Prior to his presidency, he served as Senior Secretary for Civil Affairs an ...
suggested that the SPO's resistance against reformations during the previous Participation Government, in which it also succeeded as the spearhead of the right-wing Lee Myung-bak government, eventually contributed to the ''unjust'' investigations against Roh in 2009.


Abuse of citizens

On October 26, 2011, the
Seoul Central District Court Seoul (; ; ), officially known as the Seoul Special City, is the capital and largest metropolis of South Korea.Before 1972, Seoul was the ''de jure'' capital of the Democratic People's Republic of Korea (North Korea) as stated iArticle 103 of ...
appealed against the SPO for continuing an abusive investigation of a child sex abuse case; demanded the government to compensate the family members of the case in question.


Yoon Seokyeol's resignation

Yoon Suk-Yeol, who was
Moon Jae-in Moon Jae-in (; ; born 24 January 1953) is a South Korean former politician, civil servant and lawyer who served as the 12th president of South Korea between 2017 and 2022. Prior to his presidency, he served as Senior Secretary for Civil Affairs an ...
the government's second attorney general against major criminal investigation office of the promotion and resigned. He received public attention due to conflicts with the Ministry of Justice, disciplinary action against suspension of work and the court's decision to reject suspension of work. He has topped the presidential survey since his resignation.


Reputation

The 47.1% of South Korean disapproved the Supreme Prosecutors' Office and the credibility was scored low at 4 out of 10, According to the survey conducted in 2009. Overall general consensus amongst the Korean media rates the Prosecutors' Office of the Republic of Korea as having very low credibility.


Calls for Reform

The power of the prosecutor’s office has been called into question recently with people expressing outrage over the multiple scandals that have occurred within the office and the relationship between the office and business conglomerates. President Moon has drafted prosecution reforms to redistribute some of the power given to the prosecutor's office. The reforms will give back some of the control of criminal investigations to police officers. The point of this would be to distribute the power in the criminal investigations and prevent the prosecutors from acting on behalf of business conglomerates. Another aspect of the reform would be to establish a task force that would investigate high-level corruption. An issue Moon faced with the implementation of his policies was probing his newly appointed Justice Minister, Cho Kuk in 2019. Cho was given the responsibility of overseeing these reforms. The prosecutor’s office launched an investigation into Cho’s family, specifically looking into his wife and daughter. These investigators found that Cho’s daughter was gaining from her father’s status which is not seen as fraud but only a product of privilege. The pressures from the investigation became too much that Cho eventually stepped down from his position only six weeks later. The fate of these reforms is caught in the balance between the democratic party and the conservatives who have been backing the prosecutor's office. President Moon has continued to fight for the implementation of these reforms. In January 2020, Choo Mi-ae became the Justice Minister and worked alongside Moon to limit the prosecutor's office and get the reforms through the legislature.


See also

*
Prosecutor General of South Korea The Prosecutor General of South Korea () is the head of the Supreme Prosecutors' Office of the Republic of Korea. Duties The duties are mentioned under the "Prosecutors' Office Act" ( ko, 검찰청법) enacted since 10 March 1993. Since 31 De ...
*
Ministry of Justice (South Korea) South Korea's Ministry of Justice (MOJ) is a cabinet-level ministry overseeing justice affairs, headed by the Minister of Justice. It is responsible for supervising South Korea prosecution service, legal affairs, immigration control, correction ...


References


External links

*
Supreme Prosecutors' Office of the Republic of Korea
{{authority control Government agencies of South Korea Prosecution