Who prosecutes election-related criminal offences?
Korea, Republic of
Answer
Public prosecutor
Source
Lawon Election to Public Offices
(Enacted 1994; last amended 2014)
http://www.law.go.kr/lsInfoP.do?lsiSeq=143034
Article 9
(2) 검사 (군검찰관을 포함한다) 또는 국가경찰공무원 (검찰수사관 및 군사법경찰관리를 포함한다) 은 이 법의 규정에 위반한 행위가 있다고 인정되는 때에는 신속ㆍ공정하게 단속ㆍ수사를 하여야 한다.
Regulations on Administrative Reporting Procedures forthe Supreme Prosecutor’s Office
(Enacted 1981; last amended 2012)
http://www.law.go.kr/lsInfoP.do?lsiSeq=124666
Article 3
(1) 각급검찰청의장은다음의사건에관하여검찰사무보고를하여야한다...
9. 공직선거법 또는 국민투표법 위반사건
Comment
Article 10.2 of theLaw on Election to Public Offices stipulates that the National ElectionCommission (NEC) and provincial/local election commissions must appointcommittees to monitor election-related crimes. Article 10.2.6 stipulates thatthese monitoring committees can investigate election-related crimes and gatherevidence under the guidance of the relevant election commissions. Article 10.3stipulates that the NEC and provincial/local election commissions must appointcommittees to specifically monitor election-related crimes pertaining to theinternet or electronic information networks.
Article 3.1.9 of the Regulations on Administrative Reporting Procedures for theSupreme Prosecutor’s Office implies that the public prosecutor is responsiblefor prosecuting election-related criminal offences.
Article 272.3 of the Law on Election to Public Offices specifically addressesthe investigation of election-related criminal offenses pertaining to the internetor other electronic information networks.
Article 3.1.9 of the Regulations on Administrative Reporting Procedures for theSupreme Prosecutor’s Office implies that the public prosecutor is responsiblefor prosecuting election-related criminal offences.
Article 272.3 of the Law on Election to Public Offices specifically addressesthe investigation of election-related criminal offenses pertaining to the internetor other electronic information networks.
