"Priority for Criminal and Trial Divisions When Appointing Prosecutors General and Other Agency Heads" Recommendations by the Ministry of Justice and Prosecution Reform Committee (Comprehensive)

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[Asia Economy Reporter Kim Hyung-min] To improve the practice where the special, public security, and planning divisions monopolize key positions in prosecutorial personnel appointments, the Ministry of Justice’s Legal and Prosecutorial Reform Committee has issued recommendations to prioritize candidates with experience in the criminal and trial divisions when appointing heads of institutions such as chief prosecutors.

To break the pyramid-style promotion structure, the committee also urged the introduction of a 'rotation system' similar to that of the courts, and recommended establishing a system where prosecutors who have served as heads of institutions can return to frontline duties after completing their terms.

The Legal and Prosecutorial Reform Committee announced the 18th recommendation containing these details on the 18th at the Seoul High Prosecutors’ Office press room in Seocho-dong, Seoul.

First, the committee recommended adding the requirement of having handled criminal cases for at least two-thirds of the tenure in the criminal and trial divisions to the appointment criteria for heads of criminal and trial divisions at all prosecution offices nationwide, as well as for section chiefs of the Criminal and Trial Litigation Departments at the Supreme Prosecutors’ Office.

The committee explained that this proposal aims to resolve the monopolization of special, public security, and planning divisions in prosecutor promotions and to address the issue of lining up prosecutors during dedicated assignments. It also considered it appropriate for prosecutors with sufficient experience in the criminal and trial divisions to serve as managers of those divisions.

It also recommended immediate implementation of this from the next prosecutor personnel appointment. According to the legal community, the prosecutorial personnel reshuffle is likely to take place in July.

Additionally, the committee recommended appointing first deputy chief prosecutors of district and branch offices, who mainly supervise the criminal and trial divisions, only from prosecutors who meet the appointment criteria for heads of criminal and trial divisions. While transitional provisions may be allowed within the scope that does not undermine the principles and intent, prosecutors meeting these experience requirements should be prioritized for appointment when assigning heads of criminal and trial divisions.

Furthermore, from the next personnel appointment, the committee recommended appointing at least three-fifths of chief prosecutors and branch chiefs (at the level of branch offices or higher) with criminal and trial division experience, reflecting the proportion of prosecutors by field within the entire prosecution. For managers of specialized departments such as the Women and Juvenile Crime Investigation Division, it also recommended establishing experience requirements related to the relevant specialization and expertise.

The committee also urged minimizing prosecutor transfers and recommended introducing a regional prosecutor system.

To prevent transfers involving changes in work location from being used as a means of controlling prosecutors, it recommended that the Prosecutorial Personnel Committee review transfer proposals to provide checks and balances. It also urged prioritizing the implementation of a system allowing prosecutors wishing to work at district offices in local areas to continue working indefinitely within the prosecution offices under the jurisdiction of those district offices.

Moreover, for prosecutors wishing to work at district offices in Seoul and the metropolitan area, the committee recommended implementing a local work mileage system that requires them to work for a certain period at prosecution offices in local areas where there is a shortage of applicants. It also suggested increasing the mandatory service period at local prosecution offices to 3?4 years for regular prosecutors and 2 years immediately after appointment for chief prosecutors, clearly defining these periods. Additionally, it called for minimizing transfers by allowing extended service even at non-competitive prosecution offices in Seoul and the metropolitan area.

Meanwhile, the committee stated that the introduction of the regional prosecutor system is necessary in the mid to long term.

The regional prosecutor system divides prosecution offices nationwide into regions based on proximate living areas and, in principle, allows prosecutors to continue working at the same prosecution office. Transfers within a certain region are permitted only when necessary for personnel supply and demand.

In addition, the committee proposed regularizing the Prosecutorial Personnel Committee meetings to once a month and moving beyond the existing practice of reviewing abstract ‘principles and standards’ for personnel to practically reviewing specific appointment proposals for new prosecutors and chief prosecutor positions.

Regarding the prosecutor service evaluation system, it recommended extending the evaluation cycle to one year, reducing the evaluation stages to three levels?‘Excellent,’ ‘Average,’ and ‘Insufficient’?and abolishing mandatory ratios for each evaluation level.

It also recommended notifying all evaluated prosecutors of their entire evaluation results, establishing an objection system for evaluation results, and having the Prosecutorial Personnel Committee review cases where objections are not resolved through the objection process.

Furthermore, the committee recommended significantly expanding the authority of senior prosecutors with over eight years of experience by introducing a single-prosecutor system that grants them decision-making authority over cases except those judged by the court’s collegiate panel. It also expressed the opinion that the introduction of a rotation system for heads of institutions is necessary, where heads are appointed on a fixed-term basis from among prosecutors who have worked in the relevant area for a certain period without transfers, and can return to their role as prosecutors after their term ends.

A committee official emphasized, “The organization should be restructured into a horizontal structure where prosecutors, regardless of their cohort, perform their roles as managers or experts, enabling them to carry out their duties fairly, free from internal and external influences.”

Meanwhile, the Ministry of Justice stated regarding this recommendation, “The Ministry also actively agrees on the need to improve the prosecutor personnel system and has continuously pursued improvements. We will continue to review and promote additional improvement measures by referring to the recommendations in the future.”

This content was produced with the assistance of AI translation services.