1. (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

2. 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 ( )
- Present Professor of Criminalstics Department at Police Training Institute

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

4. 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.

5. Ⅱ. Korean Criminal Proceedings

6. 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

7. 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

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

9. 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.

10. 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.

11. 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

12. 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.

13. 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.

14. 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!!!

15. 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.

16. 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.

17. 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.

18. 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.

19. Thank you for your attention !