(Focused on Investigation Police) Police Training Institute Criminal Justice System in Korea (Focused on Investigation Police) Police Training Institute Investigation Dpt Senior Inspector Byung Joo Kim

Professor Profile - Enlisted into Korea National Police University ’89 and graduated from there ’93 - Former chief of investigation team in Mapo police station of seoul Studied in Academia de carabinero de chile (2001-2002) - Present Professor of Criminalstics Department at Police Training Institute

Contents of lecture Ⅰ. Introduction Ⅱ. Korean Criminal Proceedings Ⅲ. Korean Criminal Justice Organizations Ⅳ. Reform of Criminal Justice System Ⅴ. Conclusion

Ⅰ. Introduction 1. Criminal Justice 2. Korean Criminal Justice System is the system of practices, and organizations, used by national and local governments, directed at maintaining social control, deter and controlling crime, and sanctioning those who violate laws with criminal penalties. 2. Korean Criminal Justice System consists of police, prosecutors, courts and corrections.

Ⅱ. Korean Criminal Proceedings

Ⅱ. Korean Criminal Proceedings Investigation Prosecution Trial Correction Police Jailer under the direction of prosecutor under the direction of prosecutor Prosecutor Prosecutor Judge independently exclusively exclusively

Ⅲ. Criminal Justice Organizations Investigation Police Ranks and Roles Structure National Police Agence Bureau Division Team Local Police Agence Division Team Police Station Division Team Police Box

Ⅲ. Criminal Justice Organizations Investigation Police Ranks and Roles under the direction of prosecutor

Ⅲ. Criminal Justice Organizations Investigation Police Authority 1. Authority to start and conduct investigations A revision to the criminal procedural bill that contained this was passed on June 30, 2011 through the National Assembly. It is the first that police have such authority since National Foundation Day (Aug 15, 1948). Police have continued to complain that while they handle 90 percent of all criminal cases, the prosecution`s authority over them reduces the efficiency and independence of their investigation. 2. No authority to end investigations Prosecutors have an exclusive authority to end cases arbitrarily.

Ⅲ. Criminal Justice Organizations Investigation Police Kindness 1. General investigation police 2. Special investigation police a community police, a military police, a customs officer, a prison officer a railroad security officer, an officer of Food & Drug Administration a labor supervisor, a forest ranger, a fireman . . . etc Their investigation sectors are different, but they have the same authority.

Ⅲ. Criminal Justice Organizations Investigation Prosecution Prosecutor Prosecutor Authority 1. Authority to start, conduct and end investigations 2. Authority to direct investigation police from start to end of case 3. Authority to prosecute a suspect to court EXCLUSIVE : Only prosecutors can prosecute. FREE : Prosecutors have a discretion to prosecute. Suspension of prosecution CHANGE : Prosecutors can change prosecuted contents. 4. Authority to direct the execution of a sentence

Ⅲ. Criminal Justice Organizations Trial Judge Authority 1. Authority to conduct and end a criminal trial Judge can decide a suspension of the sentence and of the execution of a sentence. 2. No authority to start a criminal trial by himself Because only prosecutors can prosecute.

Ⅲ. Criminal Justice Organizations Correction Jailer Authority Authority to execute a sentence and correct a convict Jailer can recommend the Justice Minister to release a convict on parole.

Ⅳ. Reform of Criminal Justice System Investigation Prosecution Trial Correction Police Jailer under the direction of prosecutor under the direction of prosecutor Prosecutor Prosecutor Judge independently exclusively exclusively Korean prosecutors have the greatest power in korean criminal proceedings!!!

Ⅳ. Reform of Criminal Justice System Investigation Police Dependent Acquisition of the independent investigative authority Articles 195 and 196 of the Korean Code of Criminal Procedure defines the prosecutor as the main body of criminal investigation and entitles it to supervise all police investigations. Ex) Police must request to prosecutor all warrants (for arrest, search and seizure). Police can’t request directly to judge warrants. Prosecutor can order police to stop the investigation and change detective. Police must obey prosecutor’s order. Police must send all criminal cases to prosecutor. Because only prosecutor can end investigation. This investigation system cause stronger prosecutor and more weak police.

Ⅳ. Reform of Criminal Justice System Investigation Prosecution Prosecutor Prosecutor The greatest power 1. Elimination of the Central Investigation Department in the S P O For the purpose of preventing political investigation of C I D. 2. Establishment of a special investigation agency aside from prosecutor For the purpose of investigating government officials including prosecutor. Presently, the National Assembly is discussing these revisions in depth.

Ⅳ. Reform of Criminal Justice System Trial Judge Discretion 1. Enacting a new law to establish a standard of sentence For the purpose of preventing a different sentence by each judge. 2. Increasing the number of Supreme Court justice For the purpose of reducing their heavy workload and diversifing member.

Ⅴ. Conclusion 1. Prosecutor's absolutely powerful authorities cause many problems (ex: prosecutor's corruption, police's frustration . . etc) 2. Checks and Balances are the basic principle of democracy. 3. Reform of Investigation System is certainly necessary to build a democratic Criminal Justice System in Korea.

Thank you for your attention !