A Compact Jurisdiction ProfileofSouth Korean Criminal Justice System

Introduction

In the field of criminology, in-depth research to non-Western states has non been conducted much ( Joo, 2015 ) . Criminal justness system in Asia states has been established in the different cultural and societal contexts, it may be one of the grounds for being developing and deficiency of research.

Lee ( 2012 ) pointed out the condemnable justness system in South Korea has been developed quickly within 50 old ages due to the dynamic alterations in the state. In fact, the initial condemnable process appeared in 1954 after the release from Nipponese colonization. Since so, South Korean authorities has progressed the system bit by bit, in footings of policing and formation as the offenses became assorted and increased rate. In this essay, a basic description of South Korean condemnable justness system will be given, in relation to societal and cultural facets of offense and offense control.

Cultural, socio-demographic, and geo-political factors

In Korean civilization, the utmost devotedness to analyze is really common because people prefer to hold white-collar occupations. In fact, the rate of white-collar offenses such as insurance frauds, peculation and revenue enhancement invasion is statistically higher than other states, taking the first or 2nd topographic point in the universe ( World Health Organisation, 2013 ) . Besides, South Korea is the 1 of the strongest states for information engineering, and laypeople are at easy to entree to the cyberspace. Therefore, the cybercrime and rational belongings misdemeanors has been considered to be a important issue ( Joo and Yoon, 2008 ) .

South Korean condemnable justness system has been paid attending in relation to the sex offenses from their population. Womans are frequently discriminated and sexually harassed in many societal state of affairss such as work topographic point, matrimony, and in public. Child sex maltreatment is the most important issue late, as the figure of committednesss increased from 15,709 to 24,613 within 4 old ages ( Supreme Prosecutors’ Office, 2014 ) .

From the study of Supreme Prosecutors’ Office ( 2014 ) , empirical informations were revealed that offense rate is higher in Gangwon and Jeju parts which are really rural countries. Besides, the dynamic urbanization in states leaded the national fiscal crisis which is related to the addition in barbarous offenses rate, and organised crime’s ( Lee, 2006 ) . Besides, the offense rate of foreign workers has been raised since late 1990’s, due to the increased inflow of population.

On the other manus, South Korea changed the governing political party 10 old ages ago, that occurred alterations in condemnable justness system in footings of statute law and process. And the international dealingss with North Korea, Japan and China can be another factor to South Korean legal power, sing its alone state of affairs.

By and large, the legal civilization in Korea frequently takes on a traditional nature, as people have a inclination of being non used to deciding struggles through the tribunal. Rather, an informal declaration, such as coordination or conciliation, more frequently provides justness in some ways.

Condemnable Justice Framework and Key Criminal Justice Institutions

South Korean authorities is based on the centralized tripartite systems, consists of three chief parts: ( 1 ) executive ; ( 2 ) legislative ; and ( 3 ) bench organic structures, harmonizing to the web site ( Government of Republic of Korea, n.d. ) . In South Korea, condemnable justness system such as prosecution, tribunals and prisons, is the duty of the cardinal authorities as there is no localized CJS.

In footings of process, the criminalism is committed when it is accused by victims. Besides, the basic construction of condemnable process takes on the nature of both an inquisitorial and adversarial system as the nature of Korean condemnable process was merged from American and German condemnable processs ( Lee, 2012 ) .

The most powerful establishment in the Korean condemnable justness system is the Supreme Prosecutors’ Office ( SPO ) , it is under the Ministry of Justice ( MOJ ) that in charge of the condemnable personal businesss, bars, low enforcement, and corrections ( Ministry of Justice, n.d. ) . The administration that trades with policing is the Korean National Police Agencies ( KNPA ) , under the Ministry of Security and Public Administration. Among the judiciary organic structures, Supreme Court of Korea is the highest judicial court of the state.

Key issues in offense and offense control

Child sex maltreatment is acquire more concern in Korean society, after the several lurid instances of victims. The statute law for this offense was amended in 2009 for penalty, to forestall farther committedness offenses but people raised the claim for this act in footings of its efficaciousness and obscure scope of application ( Choi, Choo, Choi, & A ; Woo, 2015 ) . In fact, there was no record for child sex abuse 10 old ages ago from SPD statistics ( 2003 ) .

Fast turning engineerings and civilizations leaded the absence of bars and unreliable forces has been warned to the Korean condemnable justness. Furthermore, the fright of organised offense has been increased, due to its domestic influence and the illegal activities across the neighbouring states ( Lee, 2006 ) . The chief job of organized offense is the easy entree to their major illegal activities, they supplied illegal amusement such as sex concern, gaming, drug, and construction-related concern where there were a immense sum of hard currency flow. Declaration of “War on Crime” in 1990, a large-scale run, contributed to the apprehension and prosecution rates and decreased or the offense rates ( Joo, 2003 ; Lee, 2006 ) .

In fact, SPO and KNPA maintain look intoing each other for the power of governments including probe and it is known that there has been struggles between them. Harmonizing to Kim’s research ( 2013 ) the general populace has been developed misgiving for those disposals due to struggles, it may impact the offense control in uneffective manner. The Act on Citizen Participation in Criminal Trials was freshly adopted in the intent of edifice trust and between citizens and condemnable justness system, and heightening the transparence of processs ( Lee, 2006 ) .

Decision

South Korea has developed its condemnable justness system in many ways. As discussed above, Korea has endeavoured to happen effectual and proper steps for penalty sing public security. Changes in policing may impact offense rate and offense control, but they did non ever resulted in positive sides. Therefore, Korean condemnable jurisprudence and process have a long manner to travel beyond to carry through farther, which is a significant measure for the Korean condemnable justness system and society toward more effectual offense control and more secure environment.

Mentions

Choi, K. , Choo, K. , Choi, J. , & A ; Woo, Y. ( 2015 ) . Understanding the Dynamics of the Victim-Perpetrator Relationship in Child Sexual Abuse: an Examination of the Child Sex Abuse Victimization Data in South Korea.AsiaticJournal ofCriminology,10( 1 ) , 79-97. Department of the Interior: 10.1007/s11417-015-9202-5

Government of Republic of Korea. ( n.d. ) .National Organisations.Retrieved from hypertext transfer protocol: //korea.go.kr/eng/sub/gov_website01.jsp

Joo, H. J. ( 2003 ) . Crime and Crime Control.Social Indexs Research,62-63, 239-263.

Joo, H. J. ( 2015 ) . Crime and Criminal Justice in South Korea: Editor’s Introduction.Asiatic Journal of Criminology,10( 1 ) , 1-6. Department of the Interior: 10.1007/s11417-015-9209-y

Joo, H. J. , & A ; Yoon, O. K. ( 2008 ) . Social context of offense control: a time-series analysis of the Korean instance, 1973–2002.Crime, Law and Social Change,50, 375-394. Department of the Interior: 10.1007/s10611-008-9102-z

Lee, K. ( 2012 ) . Condemnable Law and Procedure. In Korea Legislation Research Institute ( Ed. ) .Introduction to Korean Law( pp.155-185 ) . Berlin: Springer

Lee, S. ( 2006 ) . Organized Crime in South Korea.Tendencies in Organized Crime,9( 3 ) , 61-76.

Ministry of Justice, Republic of Korea. ( n.d. ) .Administrations. Retrieved from hypertext transfer protocol: //www.moj.go.kr/HP/ENG/eng_01/eng_0105.jsp

Kim, T. ( 2013 ) . Research Plan on Constitution of Cooperation Investigation System between SPO and KNPA.Police Science Institute, 29, 255-368.

Pontell, H. N. , & A ; Geis, G. ( 2010 ) . Introduction: White-collar and Corporate Crime in Asia.Asiatic Journal of Criminology,5( 2 ) , 83-88. Department of the Interior: 10.1007/s11417-010-9093-4

Supreme Prosecutors’ Office, Republic of Korea. ( 2003 ) .Analytic Reports on Crimes in 2003( ISSN No. 1226-7716 ) . Retrieved from hypertext transfer protocol: //www.spo.go.kr/spo/info/stats/stats02 _2003.jsp

Supreme Prosecutors’ Office, Republic of Korea. ( 2014 ) .Analytic Reports on Crimes in 2013( ISSN No. 1226-7716 ) . Retrieved from hypertext transfer protocol: //www.spo.go.kr/spo/info/stats/stats02.jsp

World Health Organisation. ( 2013 ) .World Health Statistics 2013 – Part three: Global Health Indicators.Retrieved from hypertext transfer protocol: //www.who.int/gho/publications/world_health_statistics /2013/en/