Dispositional Decisions of Public Prosecutor in the Republic of Korea - A Study of Suspension of Prosecution (From UNAFEI (United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders) Report for 1978 and Resource Material, P 222-230, 1979 - See NCJ-70911)

• NCJ Number: 70928
• Author(s): H K Park
• Date Published: 1979
• Length: 9 pages
• Publication Format: Document
• Language: English
• Country: Japan

Annotation

The suspension of prosecution is examined as an aspect of the public prosecutor's discretionary function in the Republic of Korea.

Abstract

Even if sufficient evidence exists to obtain a conviction and all the requirements for proceeding against a defendant are met, the public prosecutor in Korea has the power to suspend prosecution. This power is tempered by the requirement that any prosecutor suspending decision in writing, along with the reasons for suspension. Also, the complainant or accuser may file an application for a review of the prosecutor's decision with the High Court. If the High Court considers that the case merits prosecution, it may transfer the case for trial. Tables provide data on the prosecution and suspension of prosecution of all crimes; prosecution and suspension of prosecution for ex-offenders, juvenile offenders, female offenders, and offenses committed by government officials; judicial initiation of prosecution; and appeals against prosecutors' decisions. The rate of suspension of prosecution for all offenses is shown to be about 50 percent, while court changes of such dispositions on appeal compose a small percentage. Public officials are shown to have higher rates of prosecutorial suspension. Public prosecutors should more closely follow the guidelines on the exercise of their power set by the Supreme Public Prosecutors' Office, and a proper system of guidance and supervision for those granted suspension of prosecution should be required. No references are supplied.