Abstract

The article is devoted to the Ministry of Justice of the Republic of Korea (hereinafter RoK, Republic). The authors examine the history of the creation in the Korean government of the department responsible for the implementation of laws, law enforcement personnel, and judicial processes. The Ministry of Justice functioned until the Japanese occupation in 1910. The new history of the Ministry began after the liberation of Korea. In 1948, the Korean Constitution came into force. Currently, the system of executive authorities of the Republic is determined by the Law on the Organization of Public Administration. In accordance with this law, the Ministry of Justice is an independent structure. The Presidential Decree on the Ministry of Justice and its subsidiaries regulates the structure and competence of the department. Certain powers of the Ministry of Justice are regulated by the laws on the prosecutor’s office, on probation, on immigration, on lawyers, on notaries, on civil servants and other regulations. A wide range of issues fall within the scope of the Ministry. The Ministry of Justice is responsible for the execution of laws, the prosecutor’s office, migration, correctional institutions, prosecutorial and legal personnel, legal assistance in civil and criminal cases. The article analyzes in details the provisions of Korean legislation on the structure and competence of the Ministry of Justice. The authors examine closely the status of Ministry employees and holding them accountable. Contemporary issues related to the activities of the Ministry of Justice are revealed. The role of the Ministry of Justice in the supervision of the prosecutor’s office, the legal profession, correctional institutions and probation is highlighted. The powers of the Ministry of Justice in the field of execution of punishment, rehabilitation of off enders and immigration are analyzed. The authors show how the Ministry is involved in international cooperation. Particular attention is paid to the importance of the Ministry of Defense in the process of improving Korean legislation.

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