{"product_id":"164436","title":"The world of prosecutors The world of prosecutors ","description":"\u003ccenter\u003e\u003cdiv style=\"text-align:center\"\u003e\u003cimg src=\"https:\/\/tmgdisk01.cafe24.com\/images\/vs\/4172\/sv\/3jYFtwrEQm4Tt4wqUxiV9OtVRPLPmN.png?v=1764973380\" style=\"max-width:100%;max-height:10px\"\u003e\u003c\/div\u003e\u003c\/center\u003e\n\u003ccenter\u003e\u003ctable\u003e\u003ctr\u003e\u003ctd style=\"height:10px\"\u003e\u003c\/td\u003e\u003c\/tr\u003e\u003c\/table\u003e\u003c\/center\u003e\n\u003ccenter\u003e\u003ctable\u003e\u003ctr\u003e\u003ctd style=\"height:10px\"\u003e\u003c\/td\u003e\u003c\/tr\u003e\u003c\/table\u003e\u003c\/center\u003e\n\u003ccenter\u003e\n\n\u003cdiv style=\"width:95%\"\u003e\n\n\u003cdiv style=\"text-align:center;font-size:30px;font-weight:bolder;line-height:1.6em\"\u003e The world of prosecutors The world of prosecutors \u003c\/div\u003e\n\n\u003ccenter\u003e\u003ctable\u003e\u003ctr\u003e\u003ctd style=\"height:10px\"\u003e\u003c\/td\u003e\u003c\/tr\u003e\u003c\/table\u003e\u003c\/center\u003e\n\n\u003ccenter\u003e\u003ctable\u003e\u003ctr\u003e\u003ctd style=\"height:10px\"\u003e\u003c\/td\u003e\u003c\/tr\u003e\u003c\/table\u003e\u003c\/center\u003e\n\n\u003ccenter\u003e\u003ctable\u003e\u003ctr\u003e\u003ctd style=\"height:10px\"\u003e\u003c\/td\u003e\u003c\/tr\u003e\u003c\/table\u003e\u003c\/center\u003e\n\n\u003ccenter\u003e\u003ctable\u003e\u003ctr\u003e\u003ctd style=\"height:10px\"\u003e\u003c\/td\u003e\u003c\/tr\u003e\u003c\/table\u003e\u003c\/center\u003e\n\n\u003cdiv style=\"border-bottom:1px;border-bottom-style:dotted;border-color:;padding-bottom:20px\"\u003e\u003ccenter\u003e\u003ctable align=\"center\" width=\"100%\"\u003e\u003ctbody style=\"border:0px\"\u003e\n\n\u003ctr\u003e\u003ctd align=\"center\" style=\"line-height:1.2em;text-align:center;font-size:18px;color:black;font-weight:bold;padding-bottom:20px;\"\u003e\u003c\/td\u003e\u003c\/tr\u003e\n\n\u003ctr\u003e\u003ctd style=\"text-align:center\"\u003e\u003cimg src=\"https:\/\/image.yes24.com\/goods\/153137397\/XL\" style=\"max-width:100%;height:auto\"\u003e\u003c\/td\u003e\u003c\/tr\u003e\n\n\n\u003c\/tbody\u003e\u003c\/table\u003e\u003c\/center\u003e\u003c\/div\u003e\n\n\u003ccenter\u003e\u003ctable\u003e\u003ctr\u003e\u003ctd style=\"height:10px\"\u003e\u003c\/td\u003e\u003c\/tr\u003e\u003c\/table\u003e\u003c\/center\u003e\n\n\u003ccenter\u003e\u003ctable\u003e\u003ctr\u003e\u003ctd style=\"height:10px\"\u003e\u003c\/td\u003e\u003c\/tr\u003e\u003c\/table\u003e\u003c\/center\u003e\n\n\u003cdiv style=\"width:95%;{split_style6}padding-top:20px;padding-bottom:20px\"\u003e\n\n\u003cdiv style=\"text-align:left;font-size:16px;font-weight:bold;padding-bottom:20px\"\u003e Description \u003c\/div\u003e\n\n\u003cdiv style=\"text-align:left;word-break:break-all;font-size:14px;line-height:1.6em;\"\u003e\n\n\u003cdiv\u003e\u003ch5\u003e \u003cb\u003eBook Introduction\u003c\/b\u003e\n\u003c\/h5\u003e\u003c\/div\u003e\n\u003cdiv\u003e\n\u003cdiv\u003e\u003cdiv\u003e \u003cb\u003eIs our prosecution the only one with this problem?\u003cbr\u003e What about prosecutors in other countries?\u003cbr\u003e\u003cbr\u003e The path that prosecutors around the world have taken is the path that our prosecutors will take.\u003cbr\u003e Global Prosecutorial Common Sense and Reform Issues: A General Knowledge Guide\u003c\/b\u003e\u003cbr\u003e\u003cbr\u003e The prosecution is the most powerful group in the country, outside of the military during wartime.\u003cbr\u003e Prosecutors have more power over the lives, liberty, and reputations of citizens than any other group. \u003cbr\u003e(…) When prosecutors exercise this power properly, they can be one of the most beneficial influences on our society, but if they act with malicious or immoral motives, they can be one of the most evil.\u003cbr\u003e\u003cbr\u003e This is an excerpt from a speech given by U.S. Attorney General Robert Jackson to a conference of federal prosecutors on April 1, 1940.\u003cbr\u003e This passage clearly shows the duality of the prosecution, which can be both an implementer and a destroyer of justice.\u003cbr\u003e The rise and fall of the South Korean prosecution service has unfolded in a dramatic manner unparalleled worldwide, and the brutality that has plunged the entire nation into chaos is still ongoing.\u003cbr\u003e Faced with the challenge of the times, namely, prosecution reform, this question suddenly arises.\u003cbr\u003e \"Is this problem only with our prosecution? What about prosecutions in other countries?\"\u003cbr\u003e \u003cbr\u003eAuthor Yong-Hyeon Park, who served as editor-in-chief of the Hankyoreh and is currently an editorial writer and is licensed as a lawyer in New York, turned his eyes to the world to find the answer.\u003cbr\u003e And I wrote this book to convey the results of my long-term thinking and research to readers in a more accessible and convenient way.\u003cbr\u003e \"The World of Prosecutors: Prosecutors of the World\" introduces the history and characteristics of prosecutors from around the world, including the United States, the United Kingdom, Germany, France, and Japan, through various episodes, and broadly examines the trial and error they went through to develop and reform their systems.\u003cbr\u003e And through this, we explore where and how the Korean prosecution should move forward.\u003cbr\u003e\u003cbr\u003e \u003cbr\u003eThis book, consisting of three parts, begins with Part 1, \"How Different Are Prosecutors Around the World from Us?\" and explores the history and characteristics of global prosecutors through the French Revolution and examining judges, the U.S. prosecutorial election system and the multiple-member prosecutor system, the U.K.'s Office of the Prosecutor and Germany's objective duty.\u003cbr\u003e Part 2, \"The Dark History of the Prosecution Republic that Swallowed the Republic of Korea,\" examines issues such as the unity of prosecutors, legal techniques, procedural justice, political prosecution, and immunity from arrest that arose after the Yoon Seok-yeol administration and the December 3rd civil war, and reveals the indiscriminate abuse of prosecutorial power by our prosecution and the shameful face of political prosecution.\u003cbr\u003e Part 3, \"Issues for Prosecutorial Reform Discovered in Global Cases,\" examines each country's means of monitoring, checks, punishment, and reform of the prosecution system, including the progressive prosecutorial movement and grand jury system in the United States, the Prosecutorial Review Board in Japan and the crime of distortion of law in Germany, and the warrant request systems and prosecutor disciplinary mechanisms of each country.\u003cbr\u003e \u003cbr\u003eThe process by which each country has developed its own unique prosecution system is to create a just and humane social community.\u003cbr\u003e Many of the questions we face as we grapple with the issue of the prosecution system are ones that countries that created and developed their prosecution systems before us have pondered for as long as 200 years, and some are still being discussed today.\u003cbr\u003e What is clear from this is that the power that brings about change in the prosecution system is the will of the sovereign people.\u003cbr\u003e Now is the time to break away from the prosecution system we are familiar with, broaden our horizons of understanding of the prosecution, and cultivate institutional imagination.\u003cbr\u003e Examining the history and experience of foreign prosecutors provides the foundation for this imagination.\u003cbr\u003e In an era where common sense about the prosecution has become essential knowledge, this book will serve as an excellent \"prosecution textbook\" and \"reform reference book\" as the new criminal justice system is formed and established.\u003cbr\u003e\n\n\u003c\/div\u003e\u003c\/div\u003e\n\u003cdiv\u003e\u003cul\u003e  \u003cli\u003eYou can preview some of the book's contents.\u003cbr\u003e \u003cspan\u003ePreview\u003c\/span\u003e\n\n\u003c\/li\u003e\n\u003c\/ul\u003e\u003c\/div\u003e\n\u003c\/div\u003e\n\u003cbr\u003e\u003cdiv\u003e\u003ch5\u003e \u003cb\u003eindex\u003c\/b\u003e\n\u003c\/h5\u003e\u003c\/div\u003e\n\u003cdiv\u003e\n\u003cdiv\u003e Introduction: How did prosecutorial common sense become essential knowledge in our society?\u003cbr\u003e\u003cbr\u003e \u003cb\u003ePart 1: How do prosecutors around the world differ from ours?\u003c\/b\u003e\u003cbr\u003e\u003cbr\u003e Can a \"good person\" also be a \"good prosecutor\"? The dangers of \"selective investigations.\"\u003cbr\u003e Why Westerns Only Feature Sheriffs and Not Prosecutors: The Architects of the Prosecutorial System Are the \"Sovereign People\"\u003cbr\u003e Look closer: The Okay Ranch Duel: What will be the outcome of the trial?\u003cbr\u003e Is a Prosecutor General Really Necessary?: There Is No \"One Prosecutor\" in the US, Germany, or France\u003cbr\u003e Read more: Why did France abandon its plan to create a one-man prosecutor general?\u003cbr\u003e Why were investigation and prosecution separated during the French Revolution?: Investigation and prosecution: \"Give everything away and you'll have a tyrant.\"\u003cbr\u003e A closer look: The history of the prosecution system's transfer from France to Germany to Japan to Korea \u003cbr\u003eWhy Did the UK Crown Prosecution Service Only Arise in 1986?: What the UK's Turbulent Criminal Justice Reforms Indicate\u003cbr\u003e What does it mean to conduct an investigation \"objectively\"?: A preliminary examination judge who \"doesn't hunt\"\u003cbr\u003e A Closer Look: The \"Utro Incident,\" a Historic Scandal, and the Continuation of the Pretrial Judge System\u003cbr\u003e Can a prosecutor conceal evidence of innocence?: How to prevent 'indictment' from becoming 'persecution'\u003cbr\u003e What will be the fate of the \"American Yoon Seok-yeol\" who used his investigative powers for political revenge? How US courts punish prosecutorial tyranny.\u003cbr\u003e A Closer Look: The Prosecutor General's Disciplinary Action and His \"Determination to Lose\"\u003cbr\u003e Which country has the world's worst prosecutors? The former Soviet Union's monstrous \"Procuratura\" prosecutors.\u003cbr\u003e Read More: The Prosecutor General Should Be Banned from Political Entrepreneurship\u003cbr\u003e\u003cbr\u003e \u003cb\u003ePart 2: The Dark History of the Prosecutor's Republic That Swallowed South Korea\u003c\/b\u003e\u003cbr\u003e\u003cbr\u003e Prosecutors Who Sabotaged the Internal Rebellion Investigation: Are They Supporting a Coup?: The Prosecutors' Dark History of Pandering to Unjust Power \u003cbr\u003eWhy did the prosecution abandon its \"legal skills\" in front of Yoon Seok-yeol?: Prosecutors and Yoon Seok-yeol, both enemies of the Democratic Republic.\u003cbr\u003e Look Further: Chameleon Prosecutors: Is Cancellation of Detention and Suspension of Detention the Same Thing?\u003cbr\u003e Did you think the military and the Secret Service would be as infinitely obedient as prosecutors? The fatal anachronism of \"prosecutors as one\"\u003cbr\u003e Can you talk about the rule of law while refusing to enforce it?: The \"Yoon Seok-yeol-style sanctuary\" that undermines the legitimacy of the prosecution.\u003cbr\u003e Read more: Can a prosecutor hide his phone password?\u003cbr\u003e Why is 'procedural justice' only reserved for the powerful?: The noble due process corrupted by Yoon Seok-yeol.\u003cbr\u003e The Lee Jae-myung Indictment Under the US \"Political Indictment\" Statute: The Prosecution's Political Weaponization and the \"Banana Republic\"\u003cbr\u003e How is the immunity from arrest for members of the National Assembly justified? The judiciary can also be complicit in \"political oppression.\"\u003cbr\u003e Look further: A judge can't hold the country hostage.\u003cbr\u003e \u003cbr\u003e\u003cb\u003eIssues in Prosecutorial Reform Discovered in Part 3 Global Cases\u003c\/b\u003e\u003cbr\u003e\u003cbr\u003e What if the prosecutors who betrayed the people could be ousted through elections? The \"Prosecutor Election System\" and Direct Democratic Control of the Prosecution Service\u003cbr\u003e Look closer: Judges are also elected.\u003cbr\u003e The \"Progressive Prosecutor Movement\": Are Elected Prosecutors Different?: There's No One-Shot Solution to Preventing Prosecutorial Autocracy\u003cbr\u003e What if the citizens could decide on the indictment of Kim Gun-hee? Grand Jury and Prosecution Review Boards Reflect Citizens' Perspectives on Indictments\u003cbr\u003e Look further: Citizens can file their own lawsuits.\u003cbr\u003e Should the prosecution have the exclusive right to request warrants? The \"May 16 Coup\" was exploited to \"protect the December 3 Rebellion.\"\u003cbr\u003e Is impeaching a prosecutor more difficult than impeaching a president?: Enforcing the law with \"dirty hands\" defiles the rule of law.\u003cbr\u003e Look Closer: US Prosecutors Strip Off for Minor(?) Misconduct\u003cbr\u003e Can Prosecutors Who Distort the Law Be Criminalized?: German Prosecutors Punished for \"Distorting the Law\" \u003cbr\u003eWere there judges who were dragged down before the king?: Prosecutorial reform and judicial reform must go hand in hand.\u003cbr\u003e\u003cbr\u003e Concluding remarks: Following the compass of ‘public trust’\u003cbr\u003e Appendix: Federal Prosecutors\u003cbr\u003e References\u003c\/div\u003e\n\u003cdiv\u003e\u003c\/div\u003e\n\u003c\/div\u003e\n\u003cbr\u003e\u003cdiv\u003e\u003ch5\u003e \u003cb\u003eDetailed image\u003c\/b\u003e \u003c\/h5\u003e\u003c\/div\u003e\n\u003cdiv\u003e\u003cdiv\u003e\u003cimg src=\"https:\/\/image.yes24.com\/momo\/TopCate5604\/MidCate003\/560329172(1).jpg\" border=\"0\" alt=\"Detailed Image 1\"\u003e\u003c\/div\u003e\u003c\/div\u003e\n\u003cbr\u003e\u003cdiv\u003e\u003ch5\u003e \u003cb\u003eInto the book\u003c\/b\u003e\n\u003c\/h5\u003e\u003c\/div\u003e\n\u003cdiv\u003e\n\u003cdiv\u003e\n\u003cdiv\u003e Can simply advising people to become \"good prosecutors\" prevent the inherent dangers of the prosecution? No.\u003cbr\u003e The only way is to decentralize the prosecution's excessive power and establish an institutional structure that ensures that any unjust exercise of that power can be punished.\u003cbr\u003e Only then can a 'good person' become a 'good prosecutor', and even a 'bad person' can become a 'good prosecutor'.\u003cbr\u003e (Omitted) We must start from the premise that the prosecution is unfair, political, prone to corruption, and mired in organizational egoism.\u003cbr\u003e We must design a system that will ensure that even the worst prosecutors are forced to properly exercise their prosecutorial power. \u003cbr\u003eThe reason why the grand jury system, in which citizens decide whether to indict or not, was designed in common law countries was to prevent the possibility of those with the power to indict harassing innocent people for political or personal reasons.\u003cbr\u003e\u003cbr\u003e --- p.26~27\u003cbr\u003e\u003cbr\u003e In France, examining judge Renaud Van Rumbeck, who pushed for investigations into the \"living power\" regardless of whether it was a progressive or conservative administration and became a role model for many examining judges, passed away in May 2024.\u003cbr\u003e He uncovered allegations of corruption against the Minister of Labor, who was considered a prime ministerial candidate during the conservative regime of President Giscard d'Estaing in the 1970s.\u003cbr\u003e This became the occasion for attacks from the right-wing camp, calling him a “red judge.”\u003cbr\u003e On the other hand, during the 1990s, when François Mitterrand was president, he investigated corruption within the ruling Socialist Party, which drew criticism from the left wing.\u003cbr\u003e French media published lengthy obituaries.\u003cbr\u003e Among them, there is this passage: \u003cbr\u003eDespite his stern appearance, he had a cheerful personality. It is said that he put up a poster of the character 'Lucky Luke' (a French cartoon character) in one corner of his room and added this caption.\u003cbr\u003e \"I am a poor, lonely presiding judge! I am a poor, lonely presiding judge!\"\u003cbr\u003e --- p.82~83\u003cbr\u003e\u003cbr\u003e Which country's prosecution is considered the worst in the world? It's difficult to give a definitive answer, as there's no comprehensive survey of all prosecutions worldwide.\u003cbr\u003e However, there is a country that the Venice Commission, an advisory body to the Council of Europe, has identified as having a “dangerous prosecution” in several reports.\u003cbr\u003e Prosecutors of the former Soviet Union and Russia. \u003cbr\u003eFor reference, the Venice Commission is an organization that provides legal advice to member states to help them realize international standards in the fields of democracy, human rights, and the rule of law. Its official name is the 'European Commission for Democracy through Law'.\u003cbr\u003e It has 61 member countries, including European countries as well as non-European countries such as Korea and the United States.\u003cbr\u003e The prosecution system is one of the main areas covered by this committee.\u003cbr\u003e\u003cbr\u003e --- p.132\u003cbr\u003e\u003cbr\u003e The Supreme Court resolved this issue by establishing a new legal principle.\u003cbr\u003e If it is highly probable that the evidence (the girl's body) would have been discovered through other lawful means (the police search team's own search) even if there had been no violation of due process (interrogation without a lawyer), then the evidence was declared lawful despite the procedural flaw. \u003cbr\u003eThe reason was that prohibiting the use of evidence on the grounds of violation of due process in such cases would be grossly inconsistent with substantive justice.\u003cbr\u003e This is called the 'inevitable discovery rule'.\u003cbr\u003e This is a representative ruling that seeks to achieve balance and harmony between substantive justice and procedural justice.\u003cbr\u003e It is evaluated as “creating a legal safety net to prevent criminals who commit heinous crimes from slipping through the cracks of due process.”\u003cbr\u003e\u003cbr\u003e --- p.163~164\u003cbr\u003e\u003cbr\u003e A similar controversy has erupted in the United States.\u003cbr\u003e US President Trump was indicted on four counts before his election, which he has denounced as a political “witch hunt” and “election interference.”\u003cbr\u003e Among these, the case prosecuted by the Manhattan District Attorney's Office in New York resulted in a guilty verdict from the jury in May 2004. \u003cbr\u003eThe allegations are that Trump, while running for president in 2016, paid hush money to a porn star with whom he had a past sexual encounter and then falsely accounted for the money as legal expenses for his company.\u003cbr\u003e However, with the presidential election taking place, the court's final sentencing was postponed several times, and the New York court ultimately indefinitely postponed the sentencing, which was originally scheduled for November 26, 2024.\u003cbr\u003e Trump's argument appears to have had legal success.\u003cbr\u003e As the controversy surrounding Trump's indictment intensifies, voices are emerging in American legal circles and civil society, warning against the \"political weaponization\" of prosecutorial power and seeking institutional alternatives.\u003cbr\u003e\u003cbr\u003e --- p.170~171\u003cbr\u003e\u003cbr\u003e In France, immunity from arrest was introduced with a different historical context and logic. \u003cbr\u003eUnlike England, where the king and parliament gradually developed democracy through conflict and compromise, France, after a revolution that overthrew the absolute monarchy, established the principle in 1790 through a law that \"members of parliament cannot be arrested or prosecuted without the consent of parliament.\"\u003cbr\u003e (Omitted) In this way, the privilege of immunity from arrest was created with the purpose of ensuring that democracy can function without interference by preventing the powerful powers of punishment, whether the monarch of a monarchy or the executive branch of a republic, from arbitrarily oppressing the representatives of the people.\u003cbr\u003e If so, then the more imperfect a democracy is in a country and the more frequent the abuse of power by public power, the greater the value of this privilege becomes.\u003cbr\u003e\u003cbr\u003e --- p.181~182\u003cbr\u003e\u003cbr\u003e In the United States, not only prosecutors but also judges are elected. \u003cbr\u003eTo be precise, the introduction of a judicial election system was the main issue when each state amended its constitution in the mid-to-late 19th century, and the prosecutorial election system was a secondary issue.\u003cbr\u003e However, for judges, many states have since reverted to appointment.\u003cbr\u003e Currently, only 22 states hold judicial elections.\u003cbr\u003e Eight states use a party-based nomination system, while 13 states do not.\u003cbr\u003e Michigan uses a hybrid election system, where each party holds primaries to select its candidate, but the general election is held without a party nomination.\u003cbr\u003e\u003cbr\u003e --- p.203\u003cbr\u003e\u003cbr\u003e In many foreign countries, there are systems in which prosecutors do not have a monopoly on the right to prosecute, and ordinary citizens also have the right to prosecute.\u003cbr\u003e It is a private prosecution system.\u003cbr\u003e Some states in the United States have a \"citizen-initiated grand jury\" system. \u003cbr\u003eSix states—Kansas, New Mexico, North Dakota, Nebraska, Nevada, and Oklahoma—require a court to convene a grand jury if a certain number of citizens petition the court for a particular case.\u003cbr\u003e The grand jury investigates the case and decides whether to indict.\u003cbr\u003e This provides a path for citizens to take the initiative in investigating and prosecuting cases that the prosecution or police have ignored or dismissed as not guilty.\u003cbr\u003e France also has a system (plainte avec constitution partie civile) where crime victims or related groups directly request an investigating judge to investigate and prosecute.\u003cbr\u003e If such a request is made, the trial judge must investigate whether a criminal charge exists and decide whether to prosecute.\u003cbr\u003e Even cases previously ruled not guilty by the prosecutor are no exception.\u003cbr\u003e This system is considered a strong check against prosecutors abusing their discretion to prosecute.\u003cbr\u003e\u003cbr\u003e --- p.224~225\u003cbr\u003e \u003cbr\u003eThere is also a counterargument that if the crime of distortion of law is applied excessively, it could infringe on the independence of judges and prosecutors.\u003cbr\u003e Therefore, the German Federal Supreme Court also strictly sets the requirements for the crime of distorting the law.\u003cbr\u003e In addition to the requirement that “the judge’s (prosecutor’s) decision must be unacceptable,” two other criteria must be met in order to be punished: “if it is so serious as to constitute a fundamental infringement on the judicial function, thereby shaking the public’s trust in the inviolability of the judicial function,” and “if such a decision was made in a conscious and serious manner and by arbitrary standards rather than the standards of the law.”\u003cbr\u003e Conversely, it makes no sense that the prosecutor's actions do not lead to criminal punishment even though they meet these standards.\u003cbr\u003e If such acts are tolerated, the rule of law itself will lose its raison d'être.\u003cbr\u003e\n\n\u003c\/div\u003e\n\u003cdiv\u003e --- p.254\u003c\/div\u003e\n\u003c\/div\u003e\n\u003cdiv\u003e\u003c\/div\u003e\n\u003c\/div\u003e\n\u003cbr\u003e\u003cdiv\u003e\u003ch5\u003e \u003cb\u003ePublisher's Review\u003c\/b\u003e\n\u003c\/h5\u003e\u003c\/div\u003e\n\u003cdiv\u003e  \u003cdiv\u003e\n\u003cb\u003eExpanding institutional imagination through the history and characteristics of global prosecutors.\u003c\/b\u003e\u003cbr\u003e\u003cbr\u003e The prosecution system is an invention created in each country based on historical experience and the demands of its citizens, and its blueprint has been constantly revised, sometimes through chance events.\u003cbr\u003e A look into the origins and history of each country's prosecution system clearly reveals that the sovereign people are the ones who determine how the prosecution is organized and what authority is granted to it, and that the prosecution must be under the control of the people.\u003cbr\u003e The modern prosecutorial system originated in France.\u003cbr\u003e Before the French Revolution, crimes were prosecuted by the \"Coroner of the King,\" the office that legally represented the king.\u003cbr\u003e However, during the revolutionary period, a shift in perception occurred that \"prosecutions must be carried out in the name of the people,\" and the prototype for the criminal procedure and prosecution system was established through the 1808 Criminal Code (p. 62).\u003cbr\u003e \u003cbr\u003eAdditionally, France currently prevents concentration of power through devices such as having multiple examining judges and prosecutors general (chief prosecutors of the High Public Prosecutor's Office).\u003cbr\u003e Until the 19th century, Germany had courts overseeing both prosecution and trial. However, after the Napoleonic Wars, the French prosecution system was imported, and prosecution and trial became separate. (p. 63) Germany is also the birthplace of the \"objective duty,\" which requires prosecutors to strive to uncover objective truth from a neutral standpoint, rather than obsess over securing a guilty verdict.\u003cbr\u003e Therefore, German prosecutors must actively investigate and collect not only the facts of the defendant's charges but also evidence supporting his innocence and his favor (p. 94).\u003cbr\u003e\u003cbr\u003e In the early days of the United States, prosecutors were merely low-ranking officials in the courts and assistants to judges, and it was the sheriff's job to arrest and prosecute lawbreakers. \u003cbr\u003eHowever, in the mid-to-late 19th century, as the wave of democratization swept across American society, the 'prosecutor election system' was introduced, in which prosecutors were elected.\u003cbr\u003e The role and authority of prosecutors elected by the citizens have become increasingly powerful, and now they have the harmful effect of ruling over the citizens. (Page 28) On the other hand, in the UK, there was no prosecutorial system until 1986, and the police were responsible for both investigation and prosecution.\u003cbr\u003e However, a murder case that occurred in 1972 and the resulting unjust imprisonment of three boys caused a huge social uproar, leading to criminal justice reform that divided the powers of investigation and prosecution.\u003cbr\u003e Accordingly, the Prosecution Service was established in 1986, and the Prosecution Service Inspection Service was established in 2000, establishing multiple layers of institutional mechanisms to prevent abuse of power. (p. 66)\u003cbr\u003e \u003cbr\u003eJapan adopted the modern French criminal justice system in 1872, but later revised its criminal procedure law to strengthen the status and authority of prosecutors under the influence of the German criminal justice system.\u003cbr\u003e The formation of an investigative structure that allowed prosecutors to directly arrest and detain suspects and conduct searches and seizures was also intended to enable Japan to effectively colonize Korea.\u003cbr\u003e This prosecution-centered system was transplanted to Korea during the Japanese colonial period.\u003cbr\u003e After liberation, the prosecution system became more solid to keep the oppressive police in check, and after the democratization in the 1980s, when the military and intelligence agencies, which had been the core of violent public power, were weakened, the prosecution filled the vacuum created.\u003cbr\u003e\u003cbr\u003e \u003cbr\u003eWhile there have been some partial changes to our prosecution system to date, these have been driven solely by the needs and demands of past dictatorships or the prosecution itself. (p. 64) Because the will of the sovereign people was not actively reflected in the formation and changes of the prosecution system, the prosecution in South Korea has become an entity far removed from democratic control.\u003cbr\u003e The risk of corruption within the prosecution is inherent in the system, and this can manifest in extreme forms at any time if the conditions are right, as we have clearly seen through \"Yoon Seok-yeol's Prosecutor's Republic.\"\u003cbr\u003e Therefore, we must design a system that will ensure that even the worst prosecutors can properly exercise their prosecutorial power.\u003cbr\u003e What systems and devices do other countries have in place to minimize the harm caused by the prosecution?\u003cbr\u003e\u003cbr\u003e \u003cb\u003eWhat systems have each country established to prevent abuse of prosecutorial power?\u003c\/b\u003e\u003cbr\u003e \u003cbr\u003eTo prevent the prosecution's abuses, we must decentralize its excessive powers and establish an institutional structure that ensures that any unjust exercise of power can be punished.\u003cbr\u003e One of the representative systems that embodies the idea of ​​democratic self-governance, which seeks to place the prosecution under citizens' control, is the United States' prosecutorial election system.\u003cbr\u003e In the United States, 45 states have implemented a system where prosecutors who go against the will of the people can be directly judged or reappointed through elections and recall votes.\u003cbr\u003e As a result, prosecutors have no choice but to listen to the public's voice and be mindful of their reactions. (p. 195)\u003cbr\u003e\u003cbr\u003e Choosing who to investigate and prosecute is the prosecutor's most powerful and dangerous power.\u003cbr\u003e France's examining magistrate system is a check against this danger.\u003cbr\u003e Although the preliminary examination judge belongs to the court, he or she is not involved in the trial and is assigned the task of investigation. Unlike the prosecution in our country, he or she does not hold the power of investigation and prosecution in his or her own hands. \u003cbr\u003eThis is because if one agency leads the investigation and prosecution, ‘targeted investigation and targeted prosecution’ may occur.\u003cbr\u003e Therefore, in France, the prosecutor and the examining judge share investigative and prosecutorial powers, and exercise these powers under double and triple layers of constraints and oversight. (p. 77)\u003cbr\u003e\u003cbr\u003e The prosecution's absurd decisions to indict or not to indict are making the public furious.\u003cbr\u003e The grand jury in the United States and the prosecutorial review committee in Japan are systems that ensure that the \"public's perspective\" is \"actually\" reflected in the decision on whether to indict.\u003cbr\u003e The grand jury system allows ordinary citizens to directly investigate and determine the validity of prosecutors' attempts to indict criminal suspects.\u003cbr\u003e A grand jury is convened by a court at the request of a prosecutor and is composed of 12 to 23 randomly selected citizens. A majority vote determines whether to indict or not to indict. \u003cbr\u003eThe grand jury system is an independent body that does not belong to any of the legislative, executive, or judicial branches and serves as a buffer and referee between the government and citizens.\u003cbr\u003e As ordinary citizens, jurors are free from political pressure or personnel favoritism, and thus can be more impartial than judges or other decision-makers (p. 214).\u003cbr\u003e\u003cbr\u003e One weakness of this grand jury system is that it cannot handle cases where prosecutors have unfairly \"decided not to indict.\"\u003cbr\u003e Japan's Public Prosecutors' Office is a system that allows prosecutors to reexamine and indict cases that were not indicted.\u003cbr\u003e The Prosecution Review Board is established in 165 local courts and branches, and is composed of 11 members randomly selected from voters in the respective regions every six months.\u003cbr\u003e The decision of the Prosecution Review Board was not binding, but in 2009, 50 years after the system was implemented, the system was reformed and gained the effect of forcing prosecution. \u003cbr\u003eThanks to this, prosecutors, who are reluctant to indict public officials and politicians, can be more effectively monitored and restrained. (p. 219)\u003cbr\u003e\u003cbr\u003e It is a clear democratic principle that criminal justice should be in line with the public's expectations.\u003cbr\u003e When the prosecution fails to follow this principle, the people should not only demand it in words, but also step forward and correct it.\u003cbr\u003e However, in reality, there is no system of sovereign participation in South Korea.\u003cbr\u003e The only entity that can check the prosecution's 'unfair indictment' is the judiciary, and the only entity that can check 'unfair non-indictment' is the National Assembly.\u003cbr\u003e The only way for the prosecution, an unelected and powerful force, to gain democratic legitimacy is to gain the trust of the people.\u003cbr\u003e If the prosecution fails to gain trust, the process of rectifying the prosecution through the will of the sovereign people begins.\u003cbr\u003e That is the prosecution reform.\u003cbr\u003e\u003cbr\u003e \u003cb\u003eIssues in Prosecutorial Reform: A Global Case Study\u003c\/b\u003e\u003cbr\u003e\u003cbr\u003e The American prosecutorial election system introduced above also has vulnerabilities. \u003cbr\u003eIf prosecutors were elected, it would seem that they would listen to the will of the citizens, but in reality, there were negative consequences, such as them focusing only on major cases out of election considerations or becoming obsessed with obtaining guilty verdicts by any means necessary.\u003cbr\u003e Additionally, minority groups were treated unequally and the focus was on harsh punishment rather than crime prevention and reform.\u003cbr\u003e Moreover, the election competition was not very fierce, so the re-election of the incumbent prosecutor was prominent.\u003cbr\u003e In the end, even the elected prosecutors ended up abusing their power.\u003cbr\u003e That's how the 'Progressive Prosecution Movement', the American version of the prosecutorial reform movement, began.\u003cbr\u003e In 2015, billionaire investor George Soros partnered with civic groups to support reform-minded prosecutorial candidates, resulting in progressive prosecutors being elected in 13 districts as of December 2023.\u003cbr\u003e Another significant achievement is the advancement of many women of color into the prosecutorial profession, previously considered the exclusive domain of white men. (p. 205)\u003cbr\u003e \u003cbr\u003eJust because public officials are elected doesn't mean they all exercise their power democratically.\u003cbr\u003e If you wield power arbitrarily without communicating or interacting with the people, it is very likely to become a sword that stabs democracy.\u003cbr\u003e What about the South Korean prosecution, which possesses unprecedented power and discretion? It neither secures democratic legitimacy through popular election nor is it subject to democratic control by the people.\u003cbr\u003e No matter how much a prosecutor abuses his power, the people have no way to replace him.\u003cbr\u003e To prevent the prosecution from becoming a dictatorship, we need institutional mechanisms to reflect public opinion in the exercise of prosecutorial power, as well as clear means of punishing unfair exercise of prosecutorial power.\u003cbr\u003e The domestic prosecutor disciplinary system is ineffective because disciplinary action is carried out by the prosecution itself.\u003cbr\u003e The amendment to the Prosecutors' Disciplinary Act, intended to improve this irrationality, passed the National Assembly on June 5, 2025, marking the beginning of change.\u003cbr\u003e \u003cbr\u003eOverseas, it is much more thorough and active than this.\u003cbr\u003e In the United States, not only are the courts in charge of disciplining prosecutors who abuse their power, but the Department of Justice also has independent agencies, the Office of the Inspector General and the Office of Legal Ethics, to provide double oversight.\u003cbr\u003e The UK has its own strict disciplinary system for prosecutors, while also establishing a separate Office of the Inspector General whose primary task is to oversee prosecutors.\u003cbr\u003e In France, the Supreme Court of the Judiciary, a constitutional body, is responsible for disciplinary action against prosecutors, but a 2008 constitutional amendment allowed ordinary citizens to request disciplinary action against prosecutors.\u003cbr\u003e Our country's Supreme Prosecutors' Office has an inspection department that monitors prosecutorial misconduct, but it is not effective.\u003cbr\u003e Therefore, the only realistic disciplinary system for prosecutors is the impeachment system involving the National Assembly and the Constitutional Court. (p. 237)\u003cbr\u003e \u003cbr\u003eWhat if prosecutors who make unjust or unlawful indictments or non-indictments could be subject to criminal punishment, not just disciplinary action or impeachment? In 2018, the German Federal Supreme Court found a prosecutor at the Freiburg Public Prosecutor's Office guilty of perverting the law for not prosecuting despite ample evidence.\u003cbr\u003e Likewise, Germany has a crime of distorting the law stipulated in Article 339 of its criminal code, and countries such as Spain and Norway also punish public officials for distorting the law.\u003cbr\u003e Additionally, countries such as Austria, Switzerland, and France can punish judges who distort the law through abuse of power.\u003cbr\u003e In Korea, there are limitations to punishing acts of legal distortion through abuse of power and dereliction of duty, and calls for the creation of new crimes of legal distortion have been consistently raised (p. 251).\u003cbr\u003e\u003cbr\u003e No country's prosecution system is a perfect 'model'.\u003cbr\u003e Therefore, you cannot blindly follow it. \u003cbr\u003eHowever, if we can figure out what principles and values ​​are embedded in it and apply them to our reality, we will be able to create our own rational and creative system.\u003cbr\u003e It's time to find areas for improvement in the existing prosecution system and to use our imagination to create a new prosecution system that suits us.\u003cbr\u003e The author emphasizes that we must remember that we are all the designers of the new prosecution system. \u003cbr\u003e\n\n\u003c\/div\u003e\n\u003cdiv\u003e\u003c\/div\u003e\n\u003c\/div\u003e\n\u003c\/div\u003e\n\n\n\u003c\/div\u003e\n\n\u003ccenter\u003e\u003ctable\u003e\u003ctr\u003e\u003ctd style=\"height:10px\"\u003e\u003c\/td\u003e\u003c\/tr\u003e\u003c\/table\u003e\u003c\/center\u003e\n\n\u003ccenter\u003e\u003ctable\u003e\u003ctr\u003e\u003ctd style=\"height:10px\"\u003e\u003c\/td\u003e\u003c\/tr\u003e\u003c\/table\u003e\u003c\/center\u003e\n\n\u003cdiv style=\"width:95%;padding-top:20px;padding-bottom:20px\"\u003e\n\n\u003cdiv style=\"text-align:left;font-size:16px;font-weight:bold;padding-bottom:20px\"\u003e GOODS SPECIFICS \u003c\/div\u003e\n\n\u003cdiv style=\"text-align:left;font-size:14px;line-height:1.6em;\"\u003e\n\n\u003cdiv style=\"width:100%;margin-bottom:5px;line-height:1.6em;font-size:14px\"\u003e - \u003cstrong\u003eDate of issue:\u003c\/strong\u003e September 15, 2025\u003c\/div\u003e\n\n\u003cdiv style=\"width:100%;margin-bottom:5px;line-height:1.6em;font-size:14px\"\u003e - \u003cstrong\u003ePage count, weight, size:\u003c\/strong\u003e 288 pages | 384g | 141*210*18mm\u003c\/div\u003e\n\n\u003cdiv style=\"width:100%;margin-bottom:5px;line-height:1.6em;font-size:14px\"\u003e - \u003cstrong\u003eISBN13:\u003c\/strong\u003e 9791172133108 \u003c\/div\u003e\n\n\n\u003c\/div\u003e\n\n\n\u003c\/div\u003e\n\n\n\u003c\/div\u003e\n\n\u003ccenter\u003e\n\n\u003ccenter\u003e\u003ctable\u003e\u003ctr\u003e\u003ctd style=\"height:10px\"\u003e\u003c\/td\u003e\u003c\/tr\u003e\u003c\/table\u003e\u003c\/center\u003e\n\n\u003ccenter\u003e\u003ctable\u003e\u003ctr\u003e\u003ctd style=\"height:10px\"\u003e\u003c\/td\u003e\u003c\/tr\u003e\u003c\/table\u003e\u003c\/center\u003e\n\n\u003cspan\u003e\u003c\/span\u003e\n\n\u003c\/center\u003e\n\n\n\u003c\/center\u003e","brand":"LIBRAIRIE COREENNE","offers":[{"title":"Default Title","offer_id":43891321045034,"sku":"164436","price":26.0,"currency_code":"EUR","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0683\/2750\/5962\/files\/5aac5c023e2a8b0dbe95b9afbc753145.jpg?v=1765322565","url":"https:\/\/librairie.coreenne.fr\/en\/products\/164436","provider":"LIBRAIRIE COREENNE","version":"1.0","type":"link"}