Public prosecutors are representatives of the public interest who investigate crimes, indict suspects as well as direct and supervise the police in the investigation of crimes. It is also the public prosecutors that supervise the execution of criminal judgments after such judgments become final and conclusive.
The qualifications for public prosecutors are the same as those for judges. Public prosecutors are subject to direct order and supervision of their superiors within the public prosecution circles headed by the Prosecutor General. Each Public Prosecutors' Office is established corresponding to each Court level.
Lawyers participate in judicial proceedings as representatives of parties in civil or administrative cases or as defense counsels in criminal cases. Though the lawyers represent the parties who retain them, they also bear responsibility to the courts in ensuring fairness in adjudications.
Like judges and public prosecutors, those who have passed the National Judicial Examination and completed a two-year training program at the Judicial Research and Training Institute can become lawyers. Those who have passed the Military Judiciary Examination and have served 10 years or more in that capacity can also become lawyers. Once admitted to the bar, lawyers may plead before any court and be engaged in the general practice of law.
Notary publics draw up notarial deeds on juristic acts and attest to the authenticity of any instruments or writings signed by private persons. If a notarial deed drawn up by a notary public in respect of a claim for a payment for a specified amount contains a statement that the debtor consents to the execution, the creditor can seek judicial enforcement without further securing a court's judgment.
Notary publics are appointed by the Minister of Justice from among persons who are qualified as judges, public prosecutors, or lawyers. Each notary public belongs to the District Public Prosecutors' Office. The duties of a notary public can also be performed either by a law firm which is to be composed of not less than five lawyers or by a joint law office authorized as notary public which is to be composed of not less than three or not less than five lawyers depending on the region it is located in. Where there is no notary public within the district boundary of a District Public Prosecutors' Office or where a notary public is unable to perform the provided duties, the Minister of Justice may order a public prosecutor or the chief of a registration office to perform the duties of a notary public in the district concerned.
Judicial scriveners perform such duties as preparation of documents to be submitted to a court or public prosecutor's office, preparation of documents necessary for registration and proxy of application for registration or deposit. A judicial scrivener is under the supervision of the Local Judicial Scriveners Association, the Korean Judicial Scriveners Association and the chief judge of the district court, which exercises jurisdiction over the seat of the office.
The person who has passed the Judicial Scrivener Examination is qualified for the office of judicial scrivener. The person who has served as a public official for a specified period of time in the courts, Constitutional Court, or Public Prosecutors' Offices, and who is deemed by the Chief Justice to have knowledge in law as well as competence required for performance of the duties of judicial scrivener may also be qualified.
Marshals are independent, extra-judicial officers affiliated with the district courts. They are engaged in the execution of judgments and the service of documents. Though the marshals are not public officials, in a strict sense of the word, they are under the supervision of the chief judge of the competent district court. However, marshals receive fees not from the court, but from the party concerned.
The chief judge of a district court appoints the marshals from among persons who have served as public officials for a specified period of time in the courts or Public Prosecutors' Offices. The term of office is four years, and only a single term is allowed.
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