Prosecutors' role and their relationship with the police in South Korea: In a comparative perspective

This study aims to explore prosecutors' role and their relationship with the police in South Korea. For the comparative study, six systems of criminal justice - England and Wales, the USA, France, Germany, Japan, and South Korea - were selected. The role of public prosecutors and their relationship with the police were effectively explored through a mixture of contrasting models: 'coordinate & adjudicative' (1), 'coordinate & investigative' (2), 'hierarchical & adjudicative' (3), and 'hierarchical & investigative' (4). The prosecutors in the model 1 emphasizes adjudicative role, and work together with the police in a coordinated fashion. In the model 2, the prosecutors can become actively involved in the investigation even where there is a coordinate relationship. The systems in the model 3, unlike the common law tradition, are based on a hierarchical structure. Nevertheless, the prosecutors do not become over-involved in the investigation due to some systemic limitations. The South Korean system is a typical example of the model 4 in which the investigation and prosecution are conducted by prosecutors. This may increase efficiency as it builds a factory conveyer belt without significant obstacles. However, considering the due process, such prosecutorial involvement in the investigation can cause some problems.