Korean Prosecutors Association: "Investigate All Prosecutors in US Federal, State, and Local Prosecutor's Offices"
At the opening ceremony of the Korean Prosecutors Association Seoul General Assembly held on May 21, 2015, at the JW Marriott Hotel in Banpo-dong, Seocho-gu, Seoul, attendees including then Prosecutor General Kim Jin-tae are seen taking a commemorative photo.
View original image[Asia Economy Reporter Seokjin Choi, Legal Affairs Specialist] The Korean Prosecutors Association (KPA), composed of Korean-origin prosecutors worldwide, has expressed concern over the factually incorrect claims used as the basis for the legislative push for so-called 'Geomsu Wanbak' (complete removal of prosecutorial investigative authority), specifically the assertion that "American prosecutors have no investigative authority and only prosecutorial authority."
In a statement released on the 26th, the association said, "We are aware of the bill currently being pursued by the South Korean legislature to completely strip South Korean prosecutors of their investigative powers," adding, "One of the grounds supporting this bill is the claim that American prosecutors only have prosecutorial authority and do not have the right to investigate before deciding whether prosecution is necessary. This claim is incorrect."
The association first introduced itself, stating, "The Korean Prosecutors Association is a global nonprofit organization composed of Korean-origin prosecutors worldwide," and "One of the main missions of the Korean Prosecutors Association is to contribute to society by providing information and education on public interests, including public safety."
It continued, "Through this letter, the Korean Prosecutors Association wishes to provide the following information to its member community," and stated, "In the United States, prosecutorial investigative authority is recognized at all levels of government (federal, state, and local)."
The association noted, "In 2017, the Korean Prosecutors Association published a research report titled 'The Operation Status of Investigative Command over Judicial Police in Common Law Countries, Focusing on the United States,'" and "Members of the Korean Prosecutors Association who participated in publishing the report have worked at the U.S. Department of Justice, California Department of Justice, Manhattan, Los Angeles, Alameda and Gwinnett County District Attorney’s Offices, and the IRS Criminal Investigation Division."
The association said, "A brief summary of the report is as follows," and "Please refer to the Korean Prosecutors Association website for the full report."
It added, "The contents of the report, written as of 2017, remain unchanged and factual to this day."
The association introduced the report’s contents, stating, "U.S. Attorneys hold comprehensive authority related to federal crimes. The prosecutorial authority of federal prosecutors includes the powers necessary to perform their duties, including investigating suspected offenses that infringe upon federal interests and initiating investigations into such crimes," and "At the state government level, for example, the California Department of Justice holds not only prosecutorial authority but also the authority to investigate complex crimes."
It further explained, "At the county level, the investigative authority of local district attorney’s offices is implemented in various forms," and "For example, in cases of public official corruption, to avoid conflicts of interest, the district attorney’s investigative division handles all investigative functions, and investigators from the jurisdiction of the implicated official do not participate in any form."
It continued, "In cases involving criminal allegations against judges, the district attorney’s office also conducts investigations," adding, "These two examples clearly demonstrate that prosecutors have the authority to conduct investigations. Other examples include investigations into murder, domestic violence, and sex crimes."
Finally, the association emphasized once again, "There is no doubt that American prosecutors possess investigative functions and authority," and "Federal prosecutors investigate. State prosecutors investigate. Local district attorney prosecutors investigate."
It added, "These investigative functions are essential elements in pursuing our common goals of justice, crime deterrence, and public safety," and "We sincerely hope that the above information and the Korean Prosecutors Association’s 2017 report will be used as materials to enhance public understanding of the U.S. prosecutorial system."
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The Korean Prosecutors Association was established in 2010 and currently has about 100 Korean prosecutors active in eight countries, including the United States. The association stated that many members, including its president, Jacob Lim, a prosecutor at the Los Angeles (LA) County District Attorney’s Office, serve as prosecutors at the federal, state, and local levels in the U.S.
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