[Exclusive] Separate Investigation Agency to Be Established Following the Corruption Investigation Office... Prosecution Limited to Indictment Only

Democratic Party Special Committee on Prosecution Reform

[Image source=Yonhap News]

[Asia Economy Reporter Park Cheol-eung] The Democratic Party of Korea has settled on establishing a separate investigative agency to take over the prosecution's investigative authority over six major crimes. This is part of the effort to completely eliminate the prosecution's investigative powers and assign them solely to prosecution. Related bills will also be introduced next month. There are also discussions about expanding the investigative scope of the newly launched High-ranking Officials' Crime Investigation Office (Gong-su-cheo).

On the 22nd, a member of the Democratic Party's Special Committee on Prosecutorial Reform (Special Committee) told Asia Economy in a phone interview, "The direction has been set to completely separate investigation and prosecution and to create a separate investigative agency responsible for serious crimes currently handled by the prosecution," adding, "It is a reasonable judgment that handing over all investigative powers to the police, which is feared to become overly large, would be contrary to the purpose of reform."

The day before, Gong-su-cheo officially launched, and with the adjustment of investigative authority, from this year the prosecution's investigative powers are limited to six major crimes: corruption, economic crimes, public official crimes, election crimes, defense business crimes, and large-scale disasters. The Democratic Party is aiming to abolish the prosecution office entirely and convert it into a prosecution-only office as part of the so-called 'Prosecutorial Reform Season 2.' At the Special Committee meeting on the 20th, some lawmakers with prosecution backgrounds expressed opinions that the prosecution should retain investigative powers, but they were in the minority, and it is reported that Special Committee Chairperson Yoon Ho-jung firmly decided on the policy of completely excluding investigative powers.

Democratic Party leader Lee Nak-yeon emphasized at the Supreme Council meeting on the same day, "With the launch of Gong-su-cheo, the dispersal of prosecutorial power has clearly taken a step closer to the public's desire for reform. However, we will not stop here and will pursue sustainable reforms of power institutions such as the prosecution. We look forward to the efforts of the Prosecutorial Reform Special Committee."

Names for the separate investigative agency being considered include the Serious Crime Investigation Agency and the Special Investigation Agency. However, there is a main opinion that the new investigative agency should not become another oversized power, and from the perspective of investigative efficiency, some of the six major crimes could be divided among existing related agencies.

A Special Committee member said, "If the Serious Crime Investigation Agency handles all six major crimes, its size will grow, so we are discussing how to adjust the scope," adding, "Investigations related to safety, such as large-scale disasters, could be handled by the police, and the Gong-su-cheo could expand its scope to cover public official crimes."

Another Special Committee member said, "The personnel size of the Serious Crime Investigation Agency is expected to be between 1,000 and 2,000, so it may be difficult to handle all six major crimes," adding, "Since the nature of the six major crimes differs, other agencies besides the investigative agency need to handle some. Gong-su-cheo might also include high-ranking officials."

Under the Gong-su-cheo Act, high-ranking public officials include political appointees in central administrative agencies, and those at grade 3 or above in the Board of Audit and Inspection, National Tax Service, Fair Trade Commission, and Financial Services Commission, but there is a need to expand the scope through legal amendments. Another issue under discussion is whether the investigative agency should be placed under the Ministry of Justice, Ministry of the Interior and Safety, Prime Minister's Office, or be established as a completely independent agency. After the law is promulgated, a grace period of at least one year and up to four years before enforcement is also being considered.

The Democratic Party aims to pass related bills within the first half of this year, but there are voices that it would be preferable to complete the process before the April 7 by-elections. A Democratic Party lawmaker said, "It is difficult to conduct legislative activities in the National Assembly during the election period, so it is necessary to proceed quickly," adding, "It is also important that most Democratic Party supporters strongly desire prosecutorial reform."