Defense ministry rewrites military prosecution rules as Korea overhauls criminal justice system

The defense ministry said Friday it has amended its rules on military prosecution enforcement work to match South Korea's new criminal justice structure, under which the prosecution service is abolished and its powers split between two new agencies.

The ministry published the revision as Ministry of National Defense Ordinance No. 1228, effective the same day. A clause in Article 36 that directed fine and penalty enforcement requests to a prosecutor at a district prosecution office or its branch now directs them to a prosecutor at a district public prosecution office or its branch, and the accompanying form was revised as well.

The change follows the enactment of the Public Prosecution Office Act and the Act on the Organization and Operation of the Serious Crime Investigation Bureau, both promulgated on March 24 and taking effect Oct. 2, which abolish the prosecution service and create a public prosecution office under the justice minister and a serious crime investigation bureau under the minister of the interior and safety. The Criminal Procedure Act was also revised to separate investigation and indictment institutionally.

The revision aligns military investigative rules with the new system by replacing references to the prosecution service with the public prosecution office.